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The Florala News
Florala , Alabama
October 26, 1972     The Florala News
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October 26, 1972

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IMAGE ©SMALLTOWNPAPERS, INC. ALL CONTENT COPYRIGHTED. ALL RIGHTS RESERVED. USE SUBJECT TO LICENSE AGREEMENT. REPRODUCTION, DISSEMINATION, STORAGE, DISTRIBUTION PROHIBITED. PAGE 18 and across which there shall be no right of access, shall be provided along th~ line of lots abutting such a t~affic artery or other disadvantageous use. ARTICLE XIV REQUIRED SUBDIVISION IMPROVEMENTS Section 141. Monument.~. Right-of-way and property line monuments shall be placed in each subdivision in accordance with the following: 141.1 Right-of-Wa Monuments. Aconcrete marker inV~edded at least two (2) feet into the ground shall be required at the intersection of all street right-of-way and radius points. Such concrete marker shall be at least four (4) inches square with a one eight inch (I/8") iron pin ini)edded in the center. The top surface of such concrete marker shall be level with the surface of the ground. 141.2 Property Line Monument. An iron pin in~edded at least two (2) feet into the ground shall be required at each lot corner and each point where the property line changes direction. Such iron pin shall be at least three-quarters (3/4) inches in diameter. The top sur- face of such iron pin shall be approximately level with the ground surface. Section 142. Additional Street Design Requirements. 142.1 Grades= ilorizontal Curves~ Tanqents~ and Siqht Distances. The following street design requirements shall be adhered to in addition to other requirements stated herein: Expressways, Collector Other Freeways, Arte-Streets Streets rial Street Maximum street grades... 6% 8% 15% Minimum radii of center line curvature ..... 800' 500' 100' Minimum length of tangent between reverse curves . .300' 200' 100' Hinimum stopping sight distance ......... 350' 240' 200' Section 143. Basic Construction Requirements for All Classes of Streets. 143.1 Grading. All streets, roads and a11eys shall be graded to their full width by the subdivider so that pavements and sidewalks, where required or if installed in the future, can be constructed on the same level plane. The preparation of the right-of-way shall be completed before grading is started and the construction of cuts and fills shall be accomplished in accordance with the require- ments herein and other specifications of the Council. 143.2 Storm Drainage. An adequate drainage system based on at least the ten (lO) year rainfall frequency including necessary curb, pipes, culverts, headwalls, and ditches shall be provided for the proper drainage of a11 surface water. 143.3 Installation of Utilities. After grading is com- pleted and approved and before any base is applied, all of the underground utilities -- water mains, sewer mains, gas mains, and all service connections related thereto -- shall be Installed completely and approved throughout the length of the street and across the section. All drive- • ways for houses to be built by the subdivider shall be cut and drained .................................. 143.451opes~and Shoulder Improvements. The minimum ra~iofor a11 fill or cut slopes sha11"be two (2) to one (1) and the minimum width for all shoulders from back edge of the curb, if installed, ~ha11 be six (6) fee~. All shoulders shall slope one-half (I/2) inch to the foot. When a11 construction is completed, all slopes and shoulders shall be cleared of all rubbish, and shall have a stand of grass to prevent undue erosion, either by sprigging or seeding. Section 144. Roadwa~ Surfacin~ and Pavin9. All streets shall be paved and the following mininvam requirements shall be adhered to for the surfacing and paving of said streets: 144.1 Pavement Base. The pavement bases, not including the surface courses, shall be one of the following types and shall be of the following minimum thickness as desig- ', nated for each street classification: Expressways, Freeways, Other Collector Arterial Streets Streets Streets Gradec~ Aggregate Base .......... 6" ll 8ll Soil Bituminous Stabilized Base ...................... 6" 7" 8" Soil Bound Macadam Base ........ 6" ll 8 II Soil Cement Base .............. 6" 11 811 144.2 Thickness of Paven~nt. The pavement shall be one o~the following types and shall be designated for each street classification: Expressways, Freeways, Other Collector Arterial Streets Streets Streets Portland Cement Concrete 6" 6" 8" Asphaltic Plant Mixed Surface (on approved type base ) 1 I/2"* 2" 3 112"** wb * -- A single surface bituminous treatment and one inch (I") of plant mix may be used in place of I I/2" of plant mix. **-- The 3 I/2 inches consists of 2 inch Binder and 1 I/2 inch surface. 144.3 Minimum Pavement Width. All minor residential s-treets shall have a minimum' pavement width of twenty- seven (27) feet from back of curb to back of curb, or twenty-four (24) feet from edge of paven~nt to edge of pavement if no curb and gutters are installed. All other street width pavements shall be determined by the Commis- sion and the Council as required. 144.4 Pavement Breaks for Utility Connections. When it is necessary for a subdivider, or any utility company, to break existing pavement for the installation of utilities, for drainage facilities, or for any other purpose, the subdivider, or utility company, shall be finan~ially res- ponsible for the repair of the pavement. The pavement shall be repaired in accordance with the specifications required herein for construction of Streets. 144.5 Curbs and Gutters. Either the regular six (6) inch or four (4) inch rOll-over concrete curbs and gutters with a minimum over-all width of 24 inches shall be constructed on a11 streets, but shall not be a requirement for streets in R-I Residential Districts. Cement concrete Valley Gutters shall be permitted across minor residential streets at street intersections only when no storm sewers are available as determined by the zoning enforcement officer. Valley Gutters shall be at least six (6) feet in width. Whenever driveway openings are provided for lots abutting the street, the driveway shall be six (6) inches thick and a minimum of ten (I0) feet in width at the sidewalk or at the street right- of-way line. The driveway shall have a three (3) foot radii at the curb line. Section 145. Installation of Utilities. 145.1 Water. Water mains for both domestic use and fire protection shall be properly connected with the public water system, or with an alternate water supply approved by the Covington County Health Officer. The lines shall be con- structed in such a manner as to serve adequately all lots shown on the subdivision plat. The lines shall be installed in conformance with the technical standards as established by the Council. 145.2 Sewer. A publicly connected sanitary sewer system shall be installed when the cost of installing such a system does not exceed 150 percent of the cost of installing septic tanks for all lots in the subdivision. Where lots cannot be economically connected with a sewerage system, they must contain adequate area for the installation of approved septic tank and disposal fields approved by the Covington County Health Officer. A11 sewer facilities shall be installed in accordance with the standards of the Department of Public Health of the State of Alabama. 145.3 Gas. When gas mains are connected with the gas distribution system of the City of F1orala the lines shall be installed in such a manner as to serve adequately a11 lots shown on the subdivision plats. The gas lines shall be constructed in conformance with the technical stan- dards as established by the Council. Section 146. Sidewalks and Street Signs. 146.1 Location of Sidewalks. Sidewalks shall be provided in each subdivision as follows: R-I Residential -- None required R-2 Residential -- Only on one side of street R-3 Residential -- Both sides of the street Other Zoning Districts -- As required by the Commission. 146.2 Sidewalk Dimensions. Unless otherwise specified, all sldewalks shall be f~r (4) inches thick with a minimum width of four (4) feet. A thirty (30) inch grass planting strip shall be provided between the back of the curb and the sidewalk. 146.3 Location of Street Signs. All streets shall be designated by name on a metal street sign post approved by the Council with such metal post having name plates of metal set one above the other with a clearance of seven (7) feet. The post shall be so located as to be visible for both pedestrian and vehicular traffic. At cross-street intersections, two street sign posts shall be located diago- nally across the intersection from each other. Only one street sign post shall be required at T-street intersections. Section 147. Public Sites and Open Space. 147.1 Park Dedication. In subdivisions of 50 or more lots or 20 or more acres ~n size, the subdivider shall provide suitable recreation land of at least five (5) percent of the total area of land to be subdivided. In the event the subdivision is to be developed in sections, appropriate agree- ment shall be made to assure the dedication of the required land. 147.2 Features of the Comprehensive Plan. Where public sites have been set aside, within an element of the Com- prehensive Development Plan for Florala or when such features are recommended as essential by a local governing body or agency, such sites shall be reserved for such purpose for a period of two (2) years from the date of the recording of the subidvision. 147.3 Sitin9 of Reserved or Dedicated Land. The subdivider or his engineer shall review his "tentative lot arrangement with the recreation official (or a person so designated by City Council) to determine the location of land to be dedicated or reserved with the following limitations: a. such land shall have adequate street access and, where necessary, pedestrian easements; and, b. such land shall be in well-drained, usable tracts, suitable for recreation purposes, landscaping, and beautification, and shall not be used for drainage channels or holding ponds. Review of lot ~rrangement and location of public sites shall be conducted at least 30 days prior to the filing of a Preliminary Plat. Such of Ticial shall submit a statement signifying his findings to the Planning Commission prior to their review of the Preliminary Plat~ 147.4 In subdivisions containing less than 20 acres of land or--r'-l'ess than 50 lots, or in larger subdivisions where it is not practical to dedicate recreation areas, the subdivider shall be required to pay to the appropriate governing body a sum of money, equal in value to eight (8) percent of the sales value of lots within the subdivision, when said lots are improved. The subdivider may elect to pay t~e required sum in either a lump-sum payment, or an appropriate amount with each section when presented for final approval. 147.6 Funds paid to the governing bodies under this require- ~-----6~--shall be utilized for the acquisition of park and recreation areas and for no other purpose. Section 148. Administrative Procedures. The administrative procedures for installing the subdivi- sion improvements required herein shall be as follows: 148.1 When Construction May Begin. Construction and installation of any required public improvements as described herein shall not begin until the Commission has given Preliminary Approval of the new subdivision. The subdivider shall then confer with the zoning enforce- ment officer to determine the method and estimated cost of the construction and installation of the required improvements. 148.2 Inspections and Approval by the Council. During the construction and installation of the requlred public improvements, the zoning enforcement officer shall from tlme-to-time make field inspections and supervise said work as predetermined and agreed upon by the zoning enforcement officer and the subdivider. After completion of all the construction and installation of the required public improvements and if the said work has met the specifications as described herein, as determined by the zoning enforcement officer, the zoning enforcement officer shall notify the subdivider in writing of the approval of said work. on the construc- tion and installation of required public improvements one (I) year from the date of the written acceptance by the zomling enforcement officer. THE FLORALA NEWS- II4URSDAY. OCTOBER 148.4 Performance Bond. If the subdivider does not to construct and install any required public as described herein prior to submitting the plat to the Commission for Final Approval, a bond shall be required, such bond being equal to t~ estimated cost of construction. When the work has ~ completed satisfactorily, the Council shall release ninety (90) percent of the funds in escrow with a of approval to the subdivider. The remaining ten percent shall remain in escrow for ,~intenance 148.5 Maintena~Ice of C(~npleted Work. The subdivider ii~--(~~--coi~p]et~~ t ~--iT-t~e off i c i a I by the Council as described in Section 148.3 above. subdivider shai1 be required to sign a maintenance agreement with the Council. If a maintenance bond is posted by the subdivider a bond equaling ten (lO) of the construction cost shall be required. During maintenance period, the zoning enforcement officer make final inspection and notify the subdivider bonding company, or in cases where funds are being in escrow, the cost of making such corrections deducted from these funds, and the subdivider charg( with any costs above the amount of escrow funds. II work is acceptable at this time, the remaining ten percent of the escrow funds shall be released to the subdivider. 148.6 Cost of Improvements. 148.61 Subdivider's Responsibility. The subdi shall ~ncur the cost of construction and i of all required public improvements based on the following: (I) Streets -- Incur the cost for the constructi~ o--i~streets up to twenty-seven (27) feet in . , pave~Rent width from back of curb, to back of curb, or twenty-four (24) feet in pavement width from edge of pavement to edge of _pave- ment if no curbs and gutters are installeo. (2) Water and Sewer Systems -- Incur the cost for the installation of all water and sewer systems which is required to serve the new subdivision and tie in with existing water and sewer system, based on the specifications set forth herein. (3) Side~alks -- Entire Cost. (4) Monuments -- Entire Cost. 148.62 Council's Responsibility. The Council st partially participate in sharing the cost of cons tion and installation of required public for the following conditions: (1) Streets -- Incur cost for any additional (2) pavement which is in excess of twenty-seven for streets with curbs and gutters and in ex of twenty-four (24) feet for streets without curbs and gutters, and any additional grading and paving related thereto. Water and Sewer Slstem. s -- Incur cost for any difference in the cost of the laying of ove sized pipe and outfall systems which are in excess of the required water and sewer ties needed to exclusively serve the new vision as determined by the Commission and Council. (3) Street Signs -- Entire Cost. 148.63 Estimated Costs for Construction and ?he mission of plans shall be used in total estimated cost for construction and of required public improvements in new su ARTICLE XV ENFORCEMENT AND REMEDIES Section 151. Penalties. Any person violating any provision of this ordinan, be fined upon conviction, not less than two dollars more than one hundred dollars ($I00) and costs of court for offense. Each day such violation continues shall constitute separate offense. Section 152. Subdivision Enforcement. /i 152.1 The owner, or agent of the owner, of any land ~' ~bdivided within the City of Florala, who tranS" fers or sells, or agrees to sell or negotiates to s( land by reference to or exhibition of, or by oth( of a plat to subdivide such land before such p been approved by the Commission and recorded in Office of the Probate Judge of Covington County, forfeit and pay a penalty of one hundred dollars for each lot or parcel so transferred or sold; ar description by metes and bounds in the instrument transfer or other document used in the process of selling or transfer shall not exempt the transaction from such penalties. The Council through its attorney or other designated official, may enfoin such transfer or sale or agree" ment by appropriate action. 152.2 No plat or plan of subdivision within the city i o-T-]~Torala shall be filed or recorded by a sub- divider in the office of the Probate Judge of Cov~ until it shall have been submitted to and a Planning Commission and such approval entered in L~ wri.ting on the plat by the Secretary of the P1annin~ Commission. The Probate Judge shall not file or a plat of a subdivision which does not have the of the Commission. Section 153. Remedies. In case any building or structure is or is propos~ erected, constructed, reconstructed, altered, converted, tained, or any building, structure or land is or is proPO~ be used in violation of this Ordinance, the Building In: City Attorney, or other appropriate authority of the Florala or any adjacent or neighboring property owner who be specially damaged by such violation may, in addition to remedies, institute injunction, mandamus, or other approprl action or proceeding to preven~ such unlawful erection struction, reconstruction, alteration, conversion, or use; or to correct or abate such violation; or to the occupancy of said building, structure, or land. every day such unlawful erection, construction, reconstrUc alteration, conversion, maintenance, or ~se continues shal deemed a separate offense. ARTICLE XVI LEGAL STATUSPROVISIONS Section 161. Conflict with Other Laws. Wherever the requirements of this Ordinance are at va with the requirements of any other lawfully adopted statueS,~ regulations, ordinances, the most restrictive, or that impoS~