Wayerly, Alabama  Subdivision Regulations  December 2001  -  Preparedby James Wright and Associates, Inc. June 1977  Updtedby East Aldbama Regional Planning and Development Commission - December 2001    WAVERLY, ALABAMA  SUBDIVISION REGULATIONS  December 2001  Prepared by James Wright and Associates, Inc.-. June 1977 Updated by the East Alabama Regional Planning and Development Commission - December 2001    CONTENTS  PREAMBLE 1. Purpose 2. Authority 3. Title 4. Jurisdiction 5. Scope II DEFINITIONS 1. General 2. Specific Definitions 1. Administration General Procedures Pre-Application Conferences Preliminary Plat Approval Final Plat 6. Violation Procedures Variances  2 2 3  III ADMINISTRATIVE PROCEDURES AND APPROVAL PROCESS  11 11 11 15 16 19 21 22 23 25 25 26 32 32 33 34 37 38 38 39 43 47 47 47 48 48 48 48  2. 3. 4. 5. 7. 8.  Experimental Subdivisions  IV DESIGN STANDARDS 2. Street Plan 3. Blocks 4. Lots 5. Easements 7. 8.  1. Conformity to Comprehensive Plan and Other Codes  6. Stormwater Drainage and Management Common Open Space Requirements Non-Residential Subdivision  9. Vacating a Street REQUIRED IMPROVEMENTS VI PERFORMANCE BONDS VII LEGAL: PROVISIONS  V  1. 2.  Violations and Penalties Restrictive Covenants and Bylaws 3. Severability and Separability 5. Repeal of] Former Regulations  4. Adoption, Amendment, and Repeal of Conflicting Regulations  6.  Interpretation of Conflicting Requirements    7.  Effective Date  49 51 53 55 56 57 58 59 61 62 63 65 06 67  ADOPTION RESOLUTION  APPENDIX A: FORMS & CERTIFICATES 1. Owner's Certificate Surveyor's Certificate Performance Bond  2. 3. 4. 5. 7. 8.  Certification of the. Approval of Streets and Utilities Certification of Approval for Recording 6. Town Council Acceptance of Public Dedication  Certificate of Approval of the Final Plat by the Planning Commission  Violation Complaint Form 9. Sample Notice of Violation 10. Sample Notice of Citation 11. Subdivision Application Form    INTRODUCTION  The primary objective oft the Town Planning Commission in all its studies and plans is to help the town grow in aj proper manner and tot the best interests ofthe general public. An important phase of urban growth is the creating of building lots. For this reason, the business of the Town Planning These regulations are presented for a dual purpose. They contain the rules and regulations of the Town Planning Commission regarding their role in the approving of land subdivision plats. They also strive to explain the regulations, as well as show some suggestions of what constitutes good subdivision design. They are a working manual for both the Town Planning Commission and the Whoi is affected bythese regulations? Anyone who divides land into smallerparcels, ,orchanges the  Commission, in approving land subdivision plats, is equally important.  subdivider.  size or shape of existing lots.  What happens ifunauthorized lots are sold?  1. 2. 3.  A state lawl has been broken(Titlel 11,Chapter 52, Section 33 ofthe CodeofAlabama, 1975,  as amended).  Some cloud on the title to the lots will exist.  AL building permit to build any structure thereon will be withheld. How does the subdivider go about having his subdivision approved? where the regular meetings of the Planning Commission are held.  The Town Planning Commission meets at regular intervals. The Town Clerk can tell you when and The Planning Commission: needs tol knowi in advance, thel business iti ist to consider or transact. Make application a week in advance of the Planning Commission meeting, through the Town Clerk, for your business to be placed ont the agenda. Place necesatylmformation orp plats in Clerk's! hands also. Youra application tot the Planning Commissioni maybeofanyofthel following three steps, depending upon the extent and nature of your proposed subdivision. Step 1 may be omitted by the applicant but the 2nd and 3rd steps must be taken. The requirements for final approval are discussed in a subsequent section. The steps in the formal review and approval process are outlined in greater  detail in Article II ofthese Regulations.  REAPILICATONADICE  Early and informal consultation with the Planning Commission on subdivisions involving new streets or other complexities. This step is not required by the Planning Commission but is for the convenience of the subdivider. The primary intent oft this step is to help the subdivider determine    potential issues that mayarise during the formal review process, sO that they can be addressed in the  initial application.  PRELMINARZAPPLICATIOM  Pacticalnecesilylmdicaes thei mandatoryneed for this step for subdivisions involving new streets and thei installation ofpublicutilities. In this step, the Planning Commission must conduct a formal public hearing on the application for the benefit of the public and neighboring property owners. Issues identified during the public hearing may resulti in special conditions that must be satisfied by the subdivider. Once a preliminary plat is approved by the Planning Commission, the subdivider  may begin construction work on the proposed development.  FINAL APPROVAL  Final approval by the Planning Commission must be obtained for all plats before they are recorded in the Probate Office. The "final plat" serves as an as-built plan for the subdivision, showing all lot boundaries and improvements as they were actually constructed. Although a subdivision may be constructed after the Planning Commission grants preliminary plat approval, no lots may be sold, leased, transferred, or recorded until after the Planning Commission has approved the final plat.    ARTICLEI: Preamble  ARTICLEI PREAMBLE  SECTION1-) PURPOSE  Iti is with the intent of creating a climate conducive to the orderly and progressive growth of the TownofWayerly,Alabamajachimate ofmutual Imdraomabbeudemuming with promptandj just consideration to the various interests involved in subdivision work, that these procedures and Community interest requires the regulation and control of development to insure reasonable protection of property values, and to promote a healthy environment for the citizens of Waverly. These regulations are designed, intended, and should be administered in a manner to:  requirements have been established.  1. 2. 3. 4.  Implement the Comprehensive Plan.  Promote conservation and preservation of Waverly's historic resources.  Harmoniouslyrelate the development ofthe various tracts ofland to the existingcommunity Provide that the cost of improvements which primarily benefit the tract of land being developed be borne by the owners or developers of the tract, and that the cost of improvements which primarily benefit the whole community be borne by the whole  and facilitate the future development of adjoining tracts.  community.  5. 6.  Provide the best possible design for each tract of land being subdivided. Establish adequate and accurate records of all land subdivision.  The regulations contained herein have been formulated and adopted for the purpose of promoting the health, safety, and the general welfare oft the people of the Town of Waverly, Alabama.  SECTION: 2- AUTHORITY  The Waverly Subdivision Regulations were prepared and adopted by the Waverly Planning Commission pursuant to the authority granted under Title 11, Chapter 52, Article 2, Sections 30 through36inclusive, ofthe Code of Alabama (1975), as amended. A copyoftheser regulations shall be certified to the Probate Judges of Chambers, Lee, and Tallapoosa County, Alabama.    2  Waverly, Subdivision Regulations  SECTION: 3-TITLE  Theseregulations: shalll bel known as the' "Official Subdivision Regulations of thel TownofWaverly, Alabama." They also may be referenced as the "Waverly Subdivision Regulations."  SECTION 4-JURISDICTION  Extent of Planning Jurisdiction. From and after the effective date hereof, these regulations shall govern the subdivision ofall land located int the' Town of Waverly, Alabama, and, in addition, shall govern the subdivision ofland within five (5)miles ofthe corporate limits ofthe Town ofWaverly, Alabama except where there are contiguous borders with anothertown. When there is another town within five (5) miles and its borders are not contiguous with Waverly's, these regulations shall Compliance with Waverly Subdivision Regulations. Any owner of land within the limits of said subdivision jurisdiction wishing to subdivide land shall submit to the Planning Commission aj plat ofthe subdivision which shall conform to the minimum requirements set forth int these regulations. No plat ofas subdivision lying within such territory or part thereofshall be filed or recorded in the office oft the Probate Judge, and no subdivider: may proceed with improvement or sale or lots in a subdivision until such subdivision plat shall have been approved by the Planning Commission and such approval entered in writing on the plat by the secretary oft the Planning Commission and said plati is filed forr record in the office oft the Probate Judge of Chambers, Lee, or7 Tallapoosa Counties. Compliance with Waverly Zoning Ordinance. All proposed subdivisions also shall comply with all applcablerequirements ofthe Waverly/Zoning' Ordinance: for thezoningo district(s) within which the proposed subdivision willl be located. Ifaproposed subdivision does not lie within the Town limits ofWaverly, the Planning Commission may require provisions for minimum lot size and width as mayber required byt the Chambers, lposlaCamylain Department: forpropers sanitary Compliance with County subdivision regulations. All subdivisions shall also comply with the applicable requirements of any County subdivision regulations that have been duly adopted by Chambers, Tallapoosa, or Lee County, as administered by the County Engineer. However, the requirement for subdivision approval by the County Engineer shall in no way diminish, waive, or otherwise! lessen therequirementsoftne Waverly Subdivision Regulations. Wheretherequirements: of any such duly adopted County subdivision regulations conflict with the requirements of the Waverly Subdivision: Regulations, the more strict requirements, whether ofthe Town or the County  govern one-half() the distance from Waverly's to the other town.  on-site sewage treatment.  shall govern.    ARTICLEI: Preamble SECTIONS-SCOPE  Any owner ofl land lying within the area ofjurisdiction of these regulations who wishes to divide such land into two (2)orn morel lots, sites, or divisions, fort thej purpose, whetheri immediate or future, ofsale or building development, or who wishes to re-subdivide fort this] purpose, shall submit aj plan ofsuch proposed subdivision to the Waverly Planning Commission for approval, and shall obtain such approval prior to the filing ofhis subdivision plat forr record. Anys such plat or subdivision shall conform to the minimum standards of design for the subdivision ofland as set forthi in Article Vof these standards, and shall be presented in the manner specified in the following sections of this Article. No plat ofa subdivision of land within the area of planning jurisdiction of the Town of Waverly shall be filed or recorded by the Probate Judge without prior approval of the Planning In order to secure review and approval ofap proposed subdivision by thel Planning Commission, the prospective subdivider shall, prior to making any street improvements or installations ofutilities, submit to thel Planning commission aj preliminary plat as provided in Article IL. After approval of said preliminary plat, he may proceed with the preparation oft the final plat and other documents  Commission as specified herein.  required in connection therewith as specified in Article II.    Waverly Subdivision Regulations    ARTICLE I: Definitions  ARTICLEII DEFINITIONS  SECTION1- GENERAL  Except as otherwise provided herein, all words shall have the customary dictionary meaning. The present tense includes the future tense. The singular number includes the plural, and the plural includes the singular. Words of the masculine gender include the feminine, and words of the feminine genderinxindellemasauline. Theword" "person"includesaf firm, corporation, association, organization, trust, or partnership. Theword-lo"includes: "plot" or "parcel". The word' "building" includes "structure." The word "lot" includes the words "plot" or "parcel." The word "shall" is mandatory. The word "may"is permissive. The word' "used" or "occupied", as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or Where any word specifically defined in the Waverly Zoning Ordinance is used within these regulations, but is not specifically defined herein, then the specific definition contained in the Waverly Zoning Ordinance shall apply. Ifa word used and defined in the Waverly Zoning Ordinance bearsac different or conflicting definition within these Subdivision Regulations, then the word shall be used and interpreted within each code in accordance with the specific definition Anywonspsiftaly.t-faet in: as subsequent section orarticleofthese! Regulations: shall carrythat meaning within the context oft the specific section or article within which it is defined. Any lingering confusion or questions regarding the definition of a term used in these regulations  occupied."  contained therein.  shall be decided by the Planning Commission. SECTIONZ-SPECIIC DEFINITIONS  When used in these regulations, the following words and phrases shall have the meaning given in 2.1 ALLEY shall mean a minor public way having a narrow right-of-way and affording a 2.2 APPLICANT shall mean the owner of land proposed to be subdivided or his/her representative. Any applicant who is not the legal owner ofaproperty: shall possess written authorization to act in that capacity signed by all persons holding title to the property.  this section:  secondary means of access to service abutting properties.    Waverly Subdivision Regulations  2.3 BLOCK shall be a tract or parcel of land entirely surrounded by public highways or streets, 2.4 BOND shall mean a security for the construction of specific public improvements in an amount and form satisfactory to the Town ofWaverly. A bond mayi include a cash deposit, surety bond, collateral, property, or instrument ofirrevocable credit as may be required by the Town of Waverly Planning Commission in accordance with these regulations. 2.5 BUILDINGshal! be any structurel havingarofsuported. dbycolumns orwalls andi intended for the shelter, housing or enclosure of persons, animals, or chattels. 2.6 BUILDING SETBACK LINE shall mean a line parallel to the property line in front of 2.7 COMPREHENSIVE PLANS shall mean any part or element ofthe Comprehensive or Land Use Plan of the Town ofWaverly or its environs. This may include, but is not limited to: Community Facilities, Sketch Thoroughfare Plan, Land Development Plan, Capital  other than alleys.  which no structure may be erected.  Improvements Plan, Zoning Ordinance, Subdivision Regulations, etc.  2.8 CORNER LOT shall be a lot abutting upon two (2) or more streets at their intersection, as  distinguished from a double frontage lot. 2.9 DEVELOPER (See definition for Subdivider).  2.10 DOUBLE FRONT. LOT shall be a lot having frontage on two (2)non-intersecting: streets, 2.11 EASEMENT shall mean a grant of rights by aj property owner for use ofa strip ofl land for 2.12 ESCROWS shall mean a cash deposit to the' Town ofWaverly in lieu of an amount required and still in force on a performance or maintenance bond. Such a cash payment shall be 2.13 FINAL PLAT shall mean aj plat ofa tract of land which meets the requirements of these regulations and is ini form fori recording int thec office ofthe Probate. Judges sofChambers, Lee 2.14 FRONTAGE shall mean that portion ofal property line which is coterminous with a street  as distinguished from a corner lot.  specified purposes.  deposited by the Town Clerk in a separate earmarked account.  or Tallapoosa Counties.  or other public right-of-way line.    ARTICLEI: Definitions  2.15 GROUP DEVELOPMENT: shall mean a development comprising two or more structures, built onasinglel lot, tract, or parcel ofland, and designed for ocupancybyseparate families, 2.16 GOVERMINGEODYShan mean thel Mayora rand the Tomdmsiafi-Tomafa, 2.17 HALF-STREETshal. mean a street which does not meet the minimum: right-of-waywidths 2.18 HARDSHIP shall be an unusual condition or defect in an individual property, which prohibits thej propertyowner(s) from enjoying thes same propertyrights and privileges which are granted to others similarly zoned. A hardship exists only when it is not self-created, or 2.19 HEALTH DEPARTMENT shall mean the Chambers, Lee or Tallapoosa County Health Departments and the State of Alabama health Department, as may be applicable to the 2.20 LOT shall mean a parcel or division of land intended for transfer of ownership or for 2.21 MANUFACTURED HOME SUBDIVISION shall mean any tract of land privately or publically owned, which has been subdivided into two or more lots for occupation by manufactured homes; and is orwill be owned on ai fee simple basis by the occupants ofsaid  firms, or other enterprises.  Alabama.  set forth in these regulations.  when it is not merely economic in nature.  propertyi in question. building development.  manufactured homes. boundary ofal lot.  2.22 MONUMENT shall mean any permanent object set into the ground to indicate the limit or 2.23 OPEN SPACE shall be any land either publicly or privately owned in either single or common ownership, which is designed and designated to remain permanentyundeyeloped 2.24 OWNER'S. ENGINEER shall mean the engineer or land surveyor registered and in good standing with the State Board of Registration of Alabama, who is the agent in his professional capacity of the owner ofland which is proposed to be subdivided or which is 2.25 PLANNED UNIT DEVELOPMENT or P.U.D. shall mean a predominantly residential development on single contiguous land tract which is designed and constructed as a single  and used for recreation, conservation, or preservation.  in the process ofbeing subdivided.  unit.    Waverly Subdivision Regulations  2.26 PLANNINGCOMMISSIONshal. meant thel Planning CommissionoftheTownofWaverly, 2.27 PRELIMIMARYPLATAalmematmtuahep.an orl proposed subdivision: submitted tot the WaverlyPlanning Commission foritsconsideration: and approval. Approvalofapreliminay plat by the Waverly Planning Commission shall not imply or constitute approval ofa final  Alabama.  plat.  2.28 PROBATE JUDGE shall mean the Judge of Probate of Chambers, Lee, or Tallapoosa 2.29 RESUBDIVISION shall mean a change in ai map of an approved or recorded subdivision plat, ifsuch change affects any street layout on such plat or area reserved thereon forj public use, or any lot line. Such terms shall also include any changes that would affect any plat legally recorded prior to the adoption of these or any subsequently adopted subdivision regulations, unless otherwise exempted under the definition ofa subdivision. 2.30 SIDEWALK shall mean a walkway constructed and dedicated for use by pedestrians. 2.31 SINGLE TIER. LOT shall mean a lot which backs upon an arterial street, a railroad, ora physical barrier and to which access to or from the rear of the lot is usually prohibited. 2.32 STREET: shall mean a right-of-way which has been dedicated and accepted byt the Town of Waverly as a means of public access. The term street shall be interpreted to include the A. Arterials - Those streets designed and used for high speed or heavy volume traffic and which provide a means for such traffic to either bypass the Town or travel expeditiously through the Town. Also used toacertain extent to connect collectors  County. Alabama.  terms road and highway. Streets shall be further classified as follows:  tor major trip attractors.  B. Collectors Those streets which are designed and constructed primarily to conduct traffic from minor streets to major streets in residential and business areas. Collectors shall include the principal entrance streets of a large residential Cul-De-Sac- A short street designed and constructed to have one end permanently  development and streets for circulation in such a development. closed; the closed end terminated by a vehicular turnaround.  C.  D. Freeways Those streets which are used primarily for high speed or heavy volume traffic, and which are divided by a median with full control of access and no  crossings at grade.    ARTICLEI: Definitions  E. Marginal. Access Streets Minor streets which are parallel to an adjacent to arterial streets and] highways and which provide access to abuttingproperties and protection  from through traffic.  F. MinorStreets Those streets used primarily for access to abutting properties. 2.33 SUBDIVIDER shall mean thej person(s)or corporation(s) engagedi in thej processofcreating 2.34 SUBDIVISION shall mean the division of a lot, tract, or a parcel of land into two (2) or morelots,plats, sites,orotherdivisions. ofland fort thej purpose, whetheri immediate or future, ofsale or building development. Such term includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided. However, the term subdivision within the context oft these regulations shall noti include any adjustment or change to a common property linel between any two (2) adjoining divided lots ofrecord, provided that the total area ofl land involved will not either increase the number ofparcels that can be legally created from either oft the affected lots or result in the creation 2.35 SKETCHTHOROUGHFAREPLANaha.l. meant that element ofthed oficialcomprehensive plan oft the' Town ofWaverly, which sets forth the freeways and arterial and collector streets in the' Town of Waverly, provides for their approximate alignment, minimum right-of-way and paving width, and is to be used as a guide for all future development.  as subdivision or having completed a subdivision ofs said land.  ofa substandard lot.  2.36 TOWNS shall mean the' Town of Waverly, Alabama.  2.37 TOWN CLERK shall mean the duly designated Clerk oft the Town of Waverly, Alabama. 2.38 TOWN COUNCIL shall mean the Governing Body oft the Town of Waverly, Alabama. 2.39 TOWN ENGINEER shall mean the duly designated Engineer of the Town of Waverly, 2.40 TOWN SPECIFICATIONS shall mean all construction specifications which have been adopted by the Town Council or as required by the Town Planning Commission and all 2.41 VARIANCE shall mean a minor departure from the strict letter of the Regulations as it 2.42 ZONING ORDINANCE shall mean the officially adopted code and map of the Town of Wavetlywhichprovides for thec creation and delineationofdistricts, specifiesp permitteduses  Alabama.  utility departments.  applies to a particular piece of property.    10  HaverbySuhdivision Regulations  ine each district, andj promulgates specifici requirements for such factors asl lots size and width, building coverage, flood conditions, population density, and the use ofland and structures.    ARTICLEII!: Administrative Procedures and Approval Process  11  ARTICLE - II  ADMINISTRATIVE PROCEDURES AND APPROVAL PROCESS  SECTIONI-ADMINISTRATION  The Waverly Planning Commission is hereby authorized and directed to adopt, administer, and amend thesel Regulations. Final approval dplsmiabmpetingpiaphmmdsumestiman be the responsibility of the Planning Commission, as prescribed by Alabama law. The Zoning Enforcement Officer is hereby authorize and directed to enforce all provisions ofthese subdivision  regulations.  SECTION 2- GENERAL PROCEDURES  The Waverly Planning Commission recognizes the complexity of the subdivision design, review, and approval process, and desires to make the process as expedient and easy as possible, without compromising the quality of approved developments. This Section provides an outline of the 9- thes subdivision design, review,anda approvalprocess. It has been designed to serve as a general procedural checklist and to help Subdividers understand the essential relationships between various steps in the process. Additional submission and proceduralrequirements for specific stepsi in the review and approval process are explained in detail 2.1 Subdivider develops design scheme. The subdivision design, review, and approval process begins with the initial development ofa design scheme for aj proposed subdivision. Atthis point in the process, no formal action by the Subdivider or the Town: is required. However, the Subdivider should consult the Town's Comprehensive Plan, Zoning Ordinance, and Subdivision Regulations to understand the process and ensure that the applicable requirements can be satisfied. The Subdivider may desire to select a qualified engineer, architect, or surveyor to assist with the development of design plans, but it is not necessary  in subsequent Sections ofthis Article.  tol begin preparing formal plans at this point in the process.  2.2 Pre-application conference. The purpose of a pre-application conference is to help the applicant understand the review process, consider potential public concerns, and prepare a successful application. A general discussion of the Town's code requirements with Town staffpriort to submission ofa formal application can help the Subdividerreduce subdivision plan preparation costs and negotiate the review process moreefficiently. Ini noi instance shall a pre-application conference be conducted or accepted in lieu of a required formal application, and the procedural recommendations resulting from the conference are not binding upon the Subdivider, unless and until they are specifically required by the Planning Commission. No formal applicationorf fees shalll berequired forapre-applicationt conference. However, applicants are strongly encouraged to bring a simple or crude conceptual sketch oft the proposed subdivision to the conference to serve as a basis for discussion.    12  Waverly, Subdivision Regulations  2.3 sygae Oncet the Subdivider fullyunderstands thej process and the applicable design requirements that must be satisfied, a formal application for Preliminary Plat review and approval can be prepared and submitted. At this point, the Subdivider may wish to utilize the: services ofaqualified professional engineer, architect, or surveyor to assist in the preparation of a Preliminary Plat and all required supporting documents. The Subdivider also should initiate the process ofobtaining approval from the proper cognizant authorities for required infrastructure and services as may be needed or required to support the proposed subdivision. Once the necessary supporting documents, plans, permits, and materials have been prepared or secured in accordance with these Regulations, the Subdivider may submit thei required Preliminary Plat application form and 2.4 Reviewo ofPreliminary. Platapplication. When the Subdivider submits ai formal application for Preliminary Plat review and approval, the Zoning Enforcement Officer must review the application for completeness. Where the Subdivider has participated in a voluntary pre- application process, the Zoning Enforcement Officer may be able to complete this review moreg quickly than would be! possibleifthe. Zoning) Enforcement Oflieristolalymhamiliar with the proposed subdivision. Once the Zoning Enforcement Officer verifies that the application is complete and that all necessary supporting documents, plans, permits, and materials have been submitted, the application will be deemed complete and the formal review and approval process canl bei initiated. No application: forl PeliminmyPlatreview.and approval shall be deemed complete unless accompanied by! both thei required feej paidi ini full and byt thei names: and mailing addresses ofthe owners ofall mdsimmealiatlyasjoining the subdivision sitel boundaries as their names appear upon thej plats in the countyt tax assessor's office and their names appear in the directory oft the municipality or the county. 2.5 Review.scheduled. and public hearing advertised. Once the application for Preliminaryl Plat review and approvall has been accepted bythe TownofWaverly as complete, the application will be scheduled to be received by the Planning Commission at the conclusion of the required public hearing. The required public hearing shall be conducted at next available regularlyscheduled. meeting that will occuri not less than fifteen (15) days after the date that the application has been: formally accepted as completel byt the Zoning Enforcement Officer. The TownofWaverly willj post ai notice oft thes scheduled] hearing in four conspicuous places int the Town and will: send copies ofther noticel by registered or certified mail to the addresses ofa all abutting land owners at least six (6) days prior to the scheduled date of thel hearing. During this notification period, the Zoning Enforcement Officer may conduct a staffreview oft the Preliminary Plat and consult with other supporting stafft to ensure compliance oft the Plat with the applicable codes, ordinances, and regulations oft the Town. 2.6 Preliminary. Plat review hearing. The Planning Commission shall conduct ai formal public hearing prior to approval ofa a Preliminary Plat. The Planning Commission may stipulate peciicrulesofconduct ferthepbit-heminginonie: rto ensure: adequate, fair, and balanced opportunities for public comments tol bel heard. At the hearing, the Planning Commission  fees.    ARTICLEII!: Administrative Procedures and Approval Process  13  shall formallyreceive the complete application: forPeliminayPatreview and approval and shall receive public comments regarding the proposed subdivision. The Planning Commission may debate issues raised by the public comments, but also shall afford the Subdivider an opportunity to respond to specific public concerns regarding the proposed subdivision. The Planning Commission also may: request additional information from the Subdivider during the public hearing in order to address concerns raised by the public regarding the conformity of the proposed subdivision plan with the requirements of applicable Town codes, ordinances, and regulations. Iftherequested information cannot be provided at thel hearing, thel Planning Commissionmayi for onet time onlyo continue thej public hearing at al later date, not to exceed thei nexti regular meeting, to provide the Subdivider with the additional time needed toj provide the requested information. After all public comments andnecessaryadditional information about theproposed: subdivisionhavel beeni received, the Planning Commission shall close thel hearing. The closing ofther required public hearing by the Planning Commission shall constitute the official receipt ofthe Preliminary Plat by the Planning Commission, thereby triggering the statutory thirty (30) day deadline for a final decision on the submitted Preliminary Plat. The Planning Commission shall maintain a written record of the comments received and issues discussed during the public hearing. 2.7 Planning Commission decision on. Preliminary, Plat. TheP Planning Commission shall decide to approve or deny the Preliminary Plat within thirty (30) days of the date that the public hearing was closed. The Planning Commission may place specific conditions upon the approval of a Preliminary Plat as may be deemed appropriate and necessary to ensure compliance with these Regulations or any other laws, codes, ordinance, or regulations enforced by Federal agencies, the State of Alabama, Chambers and/orI Lee County, and the Town of Waverly. The specific grounds for approval or disapproval by the Planning Commission shall be duly recorded in the: minutes of the Planning Commission, and shall bep provided to thej public upon request. Ifthe Planning Commission fails to: approve or deny thel Preliminary Plat within the required thirty (30) dayp period, thel Preliminary Plat shall be deemed tol havel been approved: in accordance with' Title 11, Chapter 52, Section 32(a)ofthe Code of Alabama, 1975, as amended, unless the Subdivider has provided the Planning Commission with written consent for an extension of the required thirty (30) day review deadline. Once the deadline for a formal decision from thel Planning Commissionhas lapsed, acertificate to that effect shall be issued by the Planning Commission on demand by the 2.8 Review and approval of Preliminary Plat by County Engineer. Once the Planning Commission has formally approved the Preliminary Plat or has issued a certificate stating that the deadline for a final decision on the Preliminary. Plat has lapsed, the Subdividermust submit the approved Preliminary Plat to the appropriate County Engineer for review and approval in accordance with Title 11, Chapter 52, Section 30 (b) of the Code of Alabama, 1975, as amended. The County Engineer, ori inh his/her absence, the acting County Engineer, shall review the Preliminary Plat for compliance with the applicable County subdivision regulations, and mayr require such additional conditions or Preliminary! Plat approval as may  Subdivider.    14  Waverly, Subdivision Regulations  be necessary to ensure proper compliance with the applicable County Subdivision 2.9 Securing of performance bond and initiation of construction work. Once the County Engineerl has formallyapproved thel Preliminary Plat, the Subdivider: must complywith any applicable requirements for a performance bond as required in Article VI of these Regulations and as mayl be stipulated byt the approved PreliminaryPlat. Onceaperformance bond has been secured to the satisfaction of the Town, the Subdivider may begin work constructing the subdivision improvements as shown on the approved Preliminary Plat. If, during the process of constructing the subdivision improvements, circumstances arise that require a significant change in the subdivision design including, but not necessarily limited to, alterationsin! lot dimensions ors sizes, changestop planned subdivision build-out: schedules, or changes int thel locations ornature ofplannedi linfrastructure: improvements or street design, the Subdivider shall appear before thel Planning Commission and request formal approval of said changes prior to actual construction. Ifthe proposed changes require the issuance of avariance, a proper application for variance shall be forwarded to thel Planning Commission 2.10 Inspection andreview ofconstruction work. During and throughout thec construction process, the Subdivider: shall provide adequate opportunities for inspection ofthe construction work by the Zoning Enforcement Officer to verify compliance with the Preliminary Plat and any applicable laws, codes, ordinances, and regulations. The Zoning Enforcement Officer may be accompanied by such other cognizant public officials as may be necessary to ensure compliance with the: applicablel laws, ,codes, onimances,andregplaion: Howcver,approval of any or all site inspections shall in no way constitute, imply, or substitute for formal 2.11 Release of performance bond. Once construction of all improvements shown on the Preliminary Plat has been completed and duly inspected and approved by the Town, the Sabdividermayrequest formal mseaypryandpatimaet bondi inaccordancewith ArticleVIofthese Regulations. If, however, ani impectionofrquiredimpovememtsreyeals that the improvements were not constructed in accordance with the Preliminary Plat or any specific changes to the Preliminary Plat that were formally approved by the Planning Commission, thent lheTownahalbeamubouiratinlomaemuakermadailvorkcmycomplaie the defective improvement in accordance with the approved Preliminary Plat, and the Subdivider shall not seek nor receive reimbursement of the performance bond funds necessary to cover the Town's costs for said remedial work. Where the Planning Commission has approved a Preliminary Plat for a subdivision, the Subdivider must complete all construction work in accordance with the provisions ofthis Section and submit al Final Plat to the Town for approval by the Planning Commission within the deadline prescribed by the Planning Commission under the terms of Section 4.6 ofthis Article.  Regulations.  for review and approval.  approval ofal Final Plat.    ARTICLEII!: Administrative Procedures and Approval Process  15  2.12 FimaiPlarievanlpron. Before the Subdividermaysell lortransferownership. pofany lots within a subdivision, a Final Plat shall be approved by the Planning Commission and duly recorded. Said Final Plat shall show all improvements as they have been built and approved by the Town. The Final Plat also shall note any deviations from the approved PreliminaryPlat. The Planning Commission: shallreview thel Final Plat: for completeness and issue approval for official recording or request specific changes prior to official recording. No Final Plat shall be: filed or recorded in the office oft the County Probate Judge until such time as the Planning Commission has officially approved and certified said Final Plat. No sale or transfer ofland within the subdivision shall occur until al Final Plat has been approved and certified by thel Planning Commission and dulyrecorded by the Subdivider in the office 2.13 Recording ofFinal Plat. Once thel Planning Commission has approved and signed the Final Plat, the Subdivider shall file andi record said Plat int the office oft the County Probate Judge. Once the Final Plat has been officially recorded, the Subdivider may sell or transfer lots or land within the subdivision, and the review and approval process is complete.  ofthe County Probate Judge.  SECTION: 3-I PRE-APPLICATION CONFERENCES  All pre-application conferences shall be governed by the following procedures.  3.1 Timing. A vonntarypre-appication conference may be arranged between the applicant and the Zoning Enforcement Officer for any subdivision application. Such a conference shall occur at least twenty-four (24) hours prior to the submission ofa a formal application for Preliminary Plat review and approval. Pre-application conferences for subdivisions consisting of fifty (50) or more lots or involving non-residential or mixed land uses shall occur at least five (5) regular business days prior to the submission ofa formal application for Preliminary Plat review and approval. All persons who desire to relocate one or more boundary lines between two or more adjoining lots of record are strongly encouraged to requestapreapplcation conference, to ensure that thej proposed lot line adjustment will not  create a nonconforming lot or structure.  3.2 Scope of Consultation. Any discussions and recommendations that result from a pre- application conference shalll bei non-binding on both the Subdivider and' Town, and shall not represent or constitute an indication of the Town's predisposition in favor of or against a formal application. Subjects that may be discussed during a pre-application conference A. general code requirements that must be addressed in the application or preliminary  include, but shall not bel limited to:  plat;  B. general application review procedures and time frames;    16  Waverly Subdivision Regulations  C. additional permits or reviews that may be required for the proposed subdivision; D. potential justifications for any variances that may be needed for the proposed E. any potential complications that could arise during the review process, due to the nature ofthe proposed subdivision or known conditions oft the subdivision site; and F. questions regarding the potential consistency or compatibility of the proposed subdivision plan with the Comprehensive Plan or any other code, plan, or ordinance administered by the Town. Questions of this nature may require joint consultation  subdivision;  with other Town officials or administrators.  SECTION 4-1 PRELIMINARY PLAT APPROVAL  4.1 Timing and number of plat prints required. The application for Preliminary Plat approval, including six (6) prints or copies ofthe subdivision plans, shalll be submitted to thel Planning Commission at least fifteen (15) days prior to the date ofthe Planning Commission meeting  at which it will be received.  4.2 Consultation with othergovermment. entities duringplatreview. ThePhmingCommision, before its formal public hearing and review, may transmit prints oft the Preliminary Plat to any Town or county department for review and recommendation in relation to specific 4.3 Contents ofandattachments. to the Preliminary! Plat. Thepreliminaryplat, which: shall meet ther minimum standards ofdesign and the general requirements: for the constructionofpublic improvements set forth in these regulations, shall be composed ofap preliminary: sketch plan ofthe subdivision: and prepared using: ani indeliblei ink at a scale ofnotmorei than one (1)inch equals onel hundred (100) feet. The Preliminary Plat shall show the following: A. A locus map showing the general location of the development site in relation to B. A title block identifying the proposed name ofthe subdivision, the total amount of acreage to be divided, the names, mailing addresses, and business and fax telephone numbers of the property owners and the plat preparer, the plat preparer's official certification or license seal, the preparation date of the plat, the tax map and lot number(s) as well as the deed book and page number ofthe subdivision property, the plat sheet or page number, a approximate north arrow, and a graphic scale; C. The location ofe existing and platted or proposed property lines (including bearings and dimensions for all property lines), streets, municipal boundaries, buildings,  service problems.  nearby streets, highways, and other major points of reference;    ARTICLE, II: Administrative Procedures and Approval Process  17  watercourses, sewers, culverts, drain pipes, water mains, and any proposed or existingpublic utility easements located within or not more than fifty(50) feet from  the boundaries of the subdivision site;  D. The right-of-way boundaries of any railroads within or adjacent to the subdivision, or located within two hundred (200) feet of an intersection between a subdivision E. The proposed names, locations, widths, and other dimensions of proposed streets, alleys, easements, parks, common or public open space lands, reservations,  street and any street crossing the railroad at grade;  intersection sight triangles, lot lines, and building lines;  F. A detailed street plan which includes:  1.  Location of all existing and proposed streets within the subdivision and  adjacent to it;  2. Widths of existing and proposed rights-of-way;  3. Clear identification of right-of-way location and width for any street which is considered as part oft the Transportation Facilities Plan;  4.  Street names which are subject to approval by the Planning Commission, 5. Sketches of proposed typical street cross-sections and center-line profiles,  including associated drainage improvements; Complete curve data for the center-line of each street.  6.  G. Preliminary sketch plans of proposed utility layouts (sewer, water, gas, and electricity) and associated easements showing feasible connections, wherepossible, H. Thel boundaries ofanyareas ofspecial flood hazard or floodways, asi mayb ber required by Town of Waverly Zoning Ordinance or other applicable Flood Hazard Area  to existing and proposed utility systems;  Regulations; and  I.  A statement of the proposed land use of the lots.  J. A statement of all proposed easements or common open space lands to be platted within the subdivision, including a description of the provisions to be filed for management and control of any proposed common open space lands within the subdivision as required by Article IV, Section 7 ofthese Regulations.    18  HaverlySubdivision Regulations  K. As stormwater drainage and management plan as required in Articlel IV, Section 6of L. A listing of the names and mailing addresses of all owners of land immediately adjoining the subdivision site as their names appear upon the plats contained in the County Tax Assessor's office and as their addresses appear in the directory of the municipality or on the tax records oft the municipality or county.  these Regulations.  M. Tentative block and lot numbers; N. Building setback lines along each street; O. The required filing and review fee paid in full.  4.4 Additional information that may be required. The Planning Commission may require topography: sketches ofthej property forsubdivision at contouri intervals ofnot less than five (5) feet. They may also require supplemental data including: existing and proposed covenants, land characteristics, on-site septic system disposal permits from the County 4.5 Record-keeping. One (1) copy oft the Preliminary Plat and all supporting documents shall be retained in the Planning Commission files, and one (1) copy shall be returned to the Subdivider: at thet time ofapproval ord disapproval, with the Padiemoiiomolayaamges  Health Department, and other required or necessary permit approvals.  orn modifications required.  4.6 Expiration fPrelminaryPlat approval. TheTownofWaverlydesires: and supportsquality growth and development, and invests a significant level of paid and volunteer staff time assisting developers in preparing, reviewing, and approving development proposals. In recognition ofthepubliceinvestmemt, int terms ofboth time and cost, involvedi in the efficient and expeditious review ofal Preliminary Plat, the Town expects a good faith commitment from the Subdivider to efficient and expeditious construction oft the proposed subdivision improvements: in accordance with the approved. Preliminaryl Plat. Therefore, approvalofthe Preliminary Plat shall expire twelve (12) months from the date of such approval, unless a Final Plat in conformance with the requirements of these Regulations is submitted. However, the Planning Commission may authorize an eighteen (18). or twenty-four (24) month deadline for submission of a Final Plat, as may be appropriate for very large subdivisions in excess of fifty (50) total lots. Where circumstances beyond the specific control oft the Subdivider occur that require an extension of the Preliminary Plat approval expiration deadline, the Subdivider maya applytot thel Planning Commission: for an extension not to exceed six (6) months. Where al Preliminary Plat approval has expired as stipulated int this Section, the Town may compel the Subdivider to abandon work on the subdivision until such time as the Planning Commission approves a new Preliminary Plat, or-where substantialworkinc compliance with thel PreliminaryPlat: hasl been competea-tmclownmay    ARTICLEI: Administrative Procedures and Approval Process  19  exercise its rights under Article VI of these Regulations to complete the subdivision improvements in accordance with the approved PreliminaryPlat utilizing the funds secured  by performance bond. SECTION5 - FINAL PLAT  5.1 Final Plat required. Upon completion ofthej proposed subdivision improvementshownon thel Preliminaryl Plat, the Subdividers shall prepare eal Final Plat showing the finished condition of the required improvements as they exist on the land. Construction work on the subdivision shall not be deemed complete until all ofthes subdivision improvements shown on thel Preliminaryl Plat havebeen properlyinspected and approved bythe TownofWaverly. The final plat shall conform to the Preliminary Plat as approved and/or modified by  approval oft the Planning Commission.  5.2 Timing and number ofplat prints required. The original drawing of the Final Plat, along with three (3) copies (black and white or blue line prints), together with any street profiles ord other] plans which mayl ber required byt thel Planning Commission shalll bes submitted atl least fifteen (15) days prior to the date oft the Planning Commission meeting at which it willl be 5.3 Contents ofand attachments to the Final. Plat. Thel Final Plat shall bej prepared byal licensed or certified engineer, architect, landscape architect, or land surveyor. The final plat for a minor subdivision, consisting of not more than ten (10) lots or parcels, may be drawn on sixteen (16) pound or heavier rag vellum. Final Plats for all other subdivisions shall be drawn on film. AIIF Final Plat sheets shall measure twenty-four (24)bythirty-six (36)inches in size and shall be drawn using an indelible ink at a scale of not more than one hundred (100) feet to the inch. Where necessary, the Final Plat mayl be comprised ofseveral sheets, accompanied by an index or cover sheet showing the entire subdivision. When more than one (1) sheet is required a key plan shall be provided as a reference for the component drawings. The Final Plat shall contain all oft the followingi information:  received.  A. Name and location ofs subdivision; B. Name of owner and designer;  C. North point, graphic scale, preparation date (including revision dates), and primary control points, which shall be tied tol land lot corner, street intersections, or, where D. Location, width, and name ofall streets, roads and alleys and other rights-of-way; E. Location ofall blocks, streets, and lot lines, with all lot numbers in numerical order;  possible, the Alabama State Plane Coordinate System;    20  Waverly Subdivision Regulations  F. Sufficient data to determine readily and reproduce on the ground the location, bearing, and lengthofeveryroad line, lot line, boundaryline, block line, and building line, whether curved or straight, with accurate dimensions, bearings, or deflection angles, and radii, arcs, and central angles ofall curves. The length ofall dimensions shall be to the nearest one hundredth (1/100) of one (1) foot, and bearings of all  angles to the nearest one (1) minute;  G. Minimum building setback lines on all lots and other sites; H. Location, dimensions, and purpose of all easements;  I. J.  Location and description of all monuments and iron pins;  Name and location ofadjoining subdivisions, roads, and the ownership pofadjoining  unsubdivided property.  K. Location and description of drainage facilities.  5.4 Reguiredcertfeations. The following certifications shall bej presented along with the final  plat; A.  Certification showing that the applicant is the legal owner of the land, and that the formally dedicates all street, rights-of-way and any other sites for public use; B. Certification by a registered surveyor or engineer of the accuracy of the survey and C.. Certification by the Town Engineer that the Subdivider) rhas compiled with one ofthe  plat, and the placement ofall required monuments;  following alternatives:  1. or, 2.  Installed alli improvementsaccorings hey-ei Posted a surety bond in the amount sufficient to assure the completion ofall  required improvements.  D. Certification of approval to be signed by the Chairman or Secretary of the Planning E. Acertification from the Town Clerk indicating that sufficient bond has been posted;  Commission;  F. A certification of approval by the County Health Department.    ARTICLE I: Administrative Procedures and Approval Process  21  5.5 Review and approval. The Planning Commission shall review the Final Plat for completeness and issue approval for official recording or request specific changes prior to officialrecording. Where thel Planning Commission: hasi identified errors or omissionsint the Final Plat, said Plat must be revised in accordance with the Planning Commission's requirements before it may be filed or1 recorded by the Subdivider. Nol lots or portion ofthe subdivision site may be sold or transferred until the Final Plat has been officiallyrecorded. 5.5 Record-keeping. When thel Final Plat has been approved by the Planning Commission, the originalt tracing, witht thea approval ofthe! Planning Commission certified thereon and: all other required certifications properlysigned,: shalll bereturned to the Subdivider for filing with the Probate Judge as the official plat of record. An additional copy of the Final Plat shall be returned to the Subdivider for his/her records, and one (1) copy shall be retained in the records oft thel Planning Commission. The Planning Commission must consider a: final plat within thirty (30) days after meeting at which it was received. Failure of the Planning Commission to act on a Final Plat submission within these thirty (30) days shall be considered an approval of same. Ifti the plat is disapproved, grounds for such disapproval shall be stated in writing in the official minutes ofthe Planning Commission.  5.6 Limitations ofFinal Plat approval. Approval ofal Final Plat by thel Planning Commission shall not constitute acceptance by the Town of Waverly of any dedicated street or other public way or ground. After approval oft thel Finall Plat and the construction ofstreets shown thereon, thel Planning Commission: shallrecommend tot the Governing Bodyt thati ita accept the  dedicated public roads and assume their perpetual maintenance.  SECTIONG-VIOLATION PROCEDURES  Where a violation ofthe requirements ofthese Regulations has been identified, either by complaint 6.1 Investigation. Ifacomplaint: isr received regarding an alleged violation ofthesel Regulations, the! Zoning Enforcement Officer shall investigate the complaint and document the extent of 6.2 Initial notification ofviolation. Once a violation has been confirmed and documented by investigation, the! Zoning Enforcement Officer shall issue a stop work order (ifa applicable) and/or prepare a letter to the owner of record of the property stating the nature of the violation, the date that the violation was verified, and requiring that the! property owner cure the violation within a specified number ofdays from the date that thel letter was: mailed. The deadline for correction of the violation shall be established by the Zoning Enforcement Officerwith due consideration andi respect fort thenatureofther violation, the amount ofwork necessary to correct the violation, and the need for expeditious remedy oft the violation to prevent undue public impacts. However, in no instance shall the deadline for correction of the violation be less than fifteen (15) days nor: more than thirty (30) days from the date that  or by Town staffinspection, the following procedures shall be followed.  the violation.    22  WaverlySuhdivision Regulations  the letter was mailed. The letter also shall state that the owner must correct the violation, orthe' Town willissue acitation. Finally, the letters shall afford thec olfendingpropenyowner an opportunity to schedule a meeting with the Zoning Enforcement Officer within five (5) business days to discuss objections to the violation or to make special arrangements to cure the violation. Such notification letter shall bes sent to the property owner via certified mail, return receipt requested. The Town may, at the discretion of the Zoning Enforcement Officer, send a copyofthel letter to the Subdivider or tenant ofthej property (as the case may 6.3 Re-inspection. The Zoning Enforcement Officer shall, at the expiration of the prescribed deadline for correction of the violation, re-inspect the property for compliance with the  be) by first class mail.  notification ofviolation.  6.4 Noticed of citation. If, upon re-inspection, the Zoning Enforcement Officer confirms that the violation has not been cured as ordered, the Zoning Enforcement Officer shall prepare a notice of citation, which shall be sent to the offending property by certified mail, return receipt requested. The notice shall state the date upon which the initial violation was confirmed, the nature of the violation (including references to the specific code provisions that have been violated), the required corrective measures, the dates upon which the initial motificationofviolation was: sent andreceived, thet time frame afforded tot the propertyowner for correction of the violation, the date that the failure to correct the violation was confirmed, and the amount oft the applicable fine, which shall be calculated from the date of citation and full payment of which shall constitute an additional remedial action for correction oft the violation. The notice also shall require the property owner to fully correct the violation within ten (10) days oft the date of citation, or the owner will be required to appear before the Municipal Court, at a time and date to be determined by the Municipal Court, to answer the charge of violation as explained in the notice of citation.  6.5 Court action. Ifthe Zoning Enforcement Officer confirms that the violation has not been cured within the time frame specified in the notice of citation, the Zoning Enforcement Officer shall file a written complaint for relief oft the violation with the Municipal Court.  SECTION7-VARIANCES  Where the Planning Commission finds that extraordinary hardships may result from strict yhabsrPli.dN to unusual epegplceroleromditons beyond the control ofthe: subdivider, it may vary the regulations sO that substantial justice may be done and the public interest secured, provided, however, that such variation will not have the effect ofnullifying the intent or purpose ofthe Subdivision Regulations, Zoning Ordinance, Sketch Thoroughfare Plan, or other elements of the Waverly Comprehensive Plan.. Any variation thus authorized is required to be entered in writing in the minutes of the Planning Commission and the reason which justified the departure to be set forth. A variance can only be granted after a formal public hearing has been    ARTICLETI: Administrative. Procedures and Approval Process  23  conducted. Public: notice ofsuch hearing shalll be giveni in accordance with the procedures specified  in Section 2.5 ofthis Article.  SECTION 8-EXPERIMENTAL SUBDIVISIONS  The Planning Commission may waive, vary, or modify the standards and requirements of these regulations if, ini its judgement, an unusual or experimental subdivision might serve to advance or implement the goals and objectives of the Comprehensive Plan and would be a complementary enhancement of an existing neighborhood. Special attention may be given to experimental subdivisions which are related to affordable housing design in an effort to provide quality housing for lower income families. Experimental subdivisions may also be used to encourage infill development in areas oft the Town where traditional subdivision design investment costs serve asa disincentive for neighborhoodi limprovement orredevelopment. Betoreconsidering an experimental subdivision design, the subdivider shall submit to the Planning Commission a formal written proposal stating thei nature oft the subdivision design andacost-benefit studyofthe proposed design  concept.    24  WaverlySubdivision Regulations    ARTICLE IV: Design Standards  25  ARTICLEIV DESIGN STANDARDS  SECTION1- CONFORMITY TO COMPREHENSIVE PLAN AND OTHER CODES All proposed subdivisions shall be consistent with the goals and objectives for community 1.1 alerdoprematredenetmenrdaoumga4 SubdivisionswithintheTownofWavetly should be supported by adequate public facilities and infrastructure. While the Town of Waverly welcomes and desires growth and development, the Planning Commission must guard against scattered and premature development that would frustrate or conflict with the Town's coordinated development plan for public facilities and services. Therefore, it shall be the responsibility ofall subdividers to consult the Waverly Comprehensive Plan prior to submitting an application for subdivision review and approval to ensure that their proposed subdivisions arel located in areas that are ciremtyservedorPamed tol bes served byessential public facilities, including but notnecesarly/limiedio, municipal water, sewer,natural. gas, and adequate street access and stormwater drainage. In addition, proposed subdivisions should1 be scaled (int terms ofthe number oflots created)or phased (int terms ofproject build- out schedules) as may! bei needed to avoid overtaxing basic Town services, including but not necessarily limited to, fire protection, police protection, municipal water, municipal sewer, 1.2 Future land use map consistency. All proposed uses ofland within new subdivisions shall be generally consistent and compatible with the uses specified on the Future Land Use map 1.3 Futurepublic: street or facilitysites. Whereaproposed subdivision will bel located: in an area or location identified in the Comprehensive Plan or shown on an accompanying map as a future site for a needed public facility or street, the Subdivider shall make reasonable efforts tonotify the Planning Commission; prior to the submission ofal Preliminaryl yPlat. The' Town ofWaverly shall be afforded a reasonable opportunity to work with a Subdivider during the planning anddesignofproposed. new subdivisionsl to address comantyimpovemetisets shown int the Comprehensive Plan, either through an agreement toj purchase or reserve land fori needed future public facilities or byi incorporating certain public improvements directly into the proposed subdivision, where it can be clearly shown that the future owners ofland within the subdivision wouldreceivead disproportionate benefit from expeditedconstnuction 1.4 Flood prone areas. Land subject to flooding orl land deemed by the Comprehensive Plan to be unsuitable for urban usage due to unmitigable environmental constraints, should not be  development outlined in the Waverly Comprehensive Plan.  and schools.  contained in the Waverly Comprehensive Plan.  of the planned public facility improvements.    26  WaverlySubdivision Regulations  platted: forresidential occupancy, nori ferayolharuswhahmyineracdngeriohaln,  life, or property, aggravate erosion, or increase flood hazard.  1.5 Compliance with applicable laws, codes, and ordinances. Although the requirements contained in these regulations apply specifically to subdivisions, development plans also musto complywith: applicablel Federal and Statelaws (including, butn notnecessarilybe limited to, Section 404ofthe Clean' Water. Act, thel National Pollutant Dischargel Elimination: System NeDSpemitrguirmens for land disturbanceactivities as administered bythe Alabama Department of] Environmental Management, the Americans with Disabilities Act of1990, Part 77 of the Federal Aviation Regulations, and required curb cut approvals from the Alabama Department ofTransportation for access to Stateh highways), and with otherrelated local codes and ordinances enforcedt bythe Town and Chambers,Lee, or Tallapoosa County. Such related codes and ordinances may include, but are not necessarily limited to, the Waverly Zoning Ordinance, thel Building Code, and thel Health Regulations administered by the CountyHealth: Department. Itshalll bet the responsibilityofall: subdividers to consult the appropriate governing or administrative authorities prior to the preparation and submission of a Preliminary Plat to ensure compliance of the planned subdivision with all other Psiaiisws Whsetiergpiememsothesofheerglsouscomnea with the specific requirements of other applicable codes and ordinances, the requirement  imposing the higher or stricter standard shall govern.  SECTION: 12-STREET PLAN 2.1 GENERAL  The arrangement, character, extent, location, and grade of all streets shall be laid out according to good land planning principles and shall be integrated with all existing and planned streets. New streets shall consider topographiçal conditions, orientation of vistas, public convenience and safety, and the proposed uses ofland to be served by them. The proposed street system shall also be coordinated with the street system of the surrounding area. However, the number of streets converging upon any one point which would tend to promote congestion shall bel held to a minimum. Creation ofi multiple street intersections shall be in conformity with aj plan for the most advantageous development of Sufficient proposed streets shalll beprovidedt to create normal irculaionorraficwitnn the vicinity. Land abutting a proposed subdivision: shall not! be left lamdociadbyschpopoxd subdivision. Street design shall provide connections to abutting properties at intervals nott to In addition, ifin the opinion of the Planning Commission it is desirable to provide street access toa ana adjoiningproperty, said: street shall extemdbydedicatontolhebomndayofsuch  the entire neighboring area.  exceed the maximum block length of twelve hundred (1200) feet.    ARTICLEIV: Design Standards  27  property. A temporatylum-around, as defined: inc design standards fors street cul-de-sac, shall be provided for these streets. Minor streets shall be sO laid out that their use by through Subdivisions which abut or have included within the proposed area to be subdivided any  traffic in the subdivision will be discouraged. arterial street shall provide the following: a) Am marginal access street, or  b) Reverse frontage with screen planning contained in a non-access reservation along  the rear property lines, or c) Deep lots with rear service drives, or  d) Other treatment which may be necessary to provide for the adequate protection of Intersections ofminor subdivision streets with major and arterial streets shall be held to a  properties, and to afford separation oft through and local traffic.  minimum.  2.2 PRIVATE RESERVE STRIPS  Private reserve strips controlling access to streets shall bej permitted only where the street is  al boundary between two different land uses.  2.3 SUITABILITY OF THE LAND  Land subject to flooding or land deemed to be topographically unsuitable for urban usage, shall not be platted for residential occupancy, nor for any other uses which may increase danger to health, life, or property, aggravate erosion, or increase flood hazard.  2.4 HALF-STREETS  Where there exists a dedicated orplatted half-street adjacent to thet tractobesubdivided, the other half shall be platted. New half-streets or half-alleys shall be prohibited.  2.5 CUL-DE-SAC  Streets designed tol have one (1) end permanently closed shall be provided at the closed end with a turn-around having a minimum right-of-way diameter ofone hundred(100): feet, and aminimum roadway diameter of eighty (80): feet. Such streets will not exceed six hundred  (600) feet in length.    28  Waverly Subdivision Regulations  2.6 STREET INTERSECTIONS  Street intersections with centerline offsets of less than one hundred and twenty-five (125)  feet shall not be permitted.  2.7 MINIMUM STREET RIGHT-OF-WAY WIDTHS  In developed or vacant areas, the Planning Commission shall have the discretion of The widths of rights-of-way for the various streets (arterial streets, collector streets, minor streets, and alleys) are indicated below. Widths shall not be less than as follows:  identifying or classifying streets.  STREETTYPE Major Arterial Minor Arterial Collector Street Minor Street and Cul-de-sac Alleys Controlled Access Highway  RIGHT-OF-WAY 120: feet 80 feet 60 feet 50: feet 20 feet 200 feet  In cases where topography or other physical conditions make a street of the required minimum width specified in this subparagraph impracticable or overly burdensome on sensitive environmental features, the Planning Commission may modify the above requirements. Where the minor or collector streets oft the proposed subdivision will serve nonresidential uses, the Planning Commission may increase the required minimum street widths by an additional ten (10) feet on each side of the roadway in order to ensure safe access and increased curbradii forlarge vehiclestravelingi intoa amdouofnegsnyofiares parking areas. The Planning Commission also may require greater right-of-way widths for minor streets or cul-de-sacs as may be needed to adequately accommodate seeded shallow "V" swales, where the Subdivider elects to use such measures to satisfy the applicable  stormwater drainage requirements of these Regulations. 2.8 ADDITIONAL WIDTH ON EXISTING ROADS  Subdivisions that adjoin existing roads shall dedicate additional right-of-way to meet the a) hemtirengtofwayahabeprowdedwiere anypartofthe: subdivision is on! both  above minimum road width requirements.  sides of the existing road.    ARTICLEIV: Design Standards  29  b) When the subdivision is located on only one side of an existing road, one-half(Y) ofther required right-of-way, measured from the center line oft the existingroadway,  shall be provided.  2.9 MINIMUM ROADWAY WIDTHS  The minimum widths for the various classifications of streets shall be as follows:  STREETTYPE Arterial Street Collector Street Minor Street and Cul-de-sac Alleys  WIDTH (Measured from edge to edge) As required As required 26 feet 16 feet  2.10 STREET GRADES  Street grades shall not exceed the following unless otherwise recommended and approved  by the City Engineer.  STREETTYPE Arterial Street (Major and Minor) Collector Street Minor Street Marginal Access Street  GRADE 4% 8% 10% 10%  Minimum grades of all roadways shall not be less than 0.5 ofone percent. Surface cross-drainage shall not be permitted on any street.  2.11 ALIGNMENT AND VISIBILITY  a)  Minimum Radii ofh horizontal curves shall be not less than one hundred (100) feet. b) There shall be a tangent of one hundred (100) feet provided between all reverse c) ANCULARREASndpiaensfyplpomstafasean two (2) degrees arenot  curves. permitted.  d)  VISIBILITY. Clear horizontal visibility, measured along the centerline, shall be provided for at least six hundred (600) feet on freeway and arterial streets; three    30  Waverly Subdivision Regulations  hundred (300) feet on collector streets; and at least two hundred (200) feet on minor Where an sitigalwradherielafay, fAllswithinaproposed subdivisiont tract and the subdivider proposes to abandon this right-of-way, the Planning commission shallreview this] proposal inl light ofits effectonr neighboringproperies, and forward its recommendations to the Town Council prior to its taking legal action on the Where there arei roads andrights-ofwayin: existence and arej proposed dtoberetained, they must be designed sO as to eliminate all bends, crooks, and other undesirable  access and rear service.  e)  matter.  f)  hazardous conditions.  2.12 INIERSECTIONS  a)  SUEMISSIONOFAC GRADINGPLANSMowingexisting conditions and a detailed design for intersections which are unusual or located on difficult terrain may be b) ACUTE. ANGLES at street intersections are to be avoided; in no case will an angle  required by the Planning Commission. ofless than sixty (60) degrees be permitted. MINIMUM RADII OF INTERSECTIONS  c)  1.  PROPERTY LINES at arterial and major street intersections shall be rounded with a radius oftwenty-five (25) feet. An increased radius shall be required when the angle ofi intersection is less than ninety (90) degrees. ROADWAYAND CURB: intersections shalll bei made concentric and shall be  2.  rounded by a radius ofnot less than ten (10) feet.  d) SITE. LINES  Nothing shall be erected, placed, or grown in such ai manner as to limit or obstruct traffic visibility at a street intersection or railroad crossing. A clear sight triangle shall be maintained upon each corner lot. Such sight triangle beginning at the intersection ofthe right-of-way centerlines and running along each said centerline a distance offifty (50) feet along any minor street and a distance ofone hundred (100) feet along any collector or arterial street. The third leg ofthet triangle shall be formed by connecting the endpoints oft the other two legs of the triangle. Within such sight triangle, no obstruction to vision between a height of thirty (30) inches and al height often(10) feet above the average grade ofeach street orrailroad along the centerline    ARTICLEIV: Design Standards  31  thereof shall be placed, erected, or grown. The requirements oft this provision shall not be deemed to prohibit the erection ofany necessaryretaining wall. INTERSECTIONS NEAR. RAILROAD CROSSINGS  e)  Railroad right-of-ways, where sO located as to affect access to a proposed subdi- vision, shall be shown on the! Preliminary Plat. The centerline of streets parallel to the railroad when intersecting: a street which crosses the railroad at grade shall be a distance of at least two hundred (200) feet from the nearest railroad right-of-way. Greater minimum separation distances between arterial and collector intersections and railroad rights-of-way: shalll be determined' by thel Planning Commission and the Town! Engineer with due considerationofthe) peak traffic volumes and thet minimum distance required for future separation of grades by means of appropriate approach  gradient.  2.13 ALLEYS  a) Alleys may be required in commercial and industrial districts, except that the Planning Commission: may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading, and  parking facilities consistent with zoning requirements.  b) Alleys are not permitted in residential districts, except when the Planning Commission determines special conditions warrant a secondary means of access.  2.14 NAMES  Names for proposed new streets should be selected carefully to prevent confusion with existing streets. All proposed names for streets in new subdivisions must be reviewed and approved by the Town. All streets shall bei named in accordance with the following requirements.  a) Approval. Street names and address numbers shall be subject to the approval oft the Planning Commission and shall be consistent with established Town policies and  ordinances.  b) Duplication of names. Street names shall not duplicate either phonetically or by  spelling, an existing' Town street or road.  c)  Continuity ofnames. Any street or road which is a continuation, an approximation, orl logical continuation ofanye existing dedicated street or road or shall beart the same  :  name.    32  Waverly Subdivision Regulations  SECTION3-1 BLOCKS  Blocks within proposed subdivisions should be designed to provide reasonable, but not excessive public street frontage for all lots located within each block. The design and orientation of blocks within a development should relate to both established development patterns in the neighborhood and the specific environmental and topographical constraints of the development site. Proposed subdivision blocks also should be designed to minimize excessive, and potentially hazardous or conflicting, property access demands on majorl highways and thoroughfares adjoining or providing access to the subdivision, such as arterials and collectors. At the same time, blocks should be designed to reinforce and extend the street network patterns in adjoining developed areas. Speciitealysubdivision blocksloulbedesigned with due regard tot the folowingconsidenations:  a)  Provision of adequate building sites suitable to the special needs oft the type ofuse b) Zoning Ordinance and Health Department requirements as to lot sizes and  contemplated. dimensions.  c)  Needs for convenient access, circulation, control, and safety of street traffic both within the planned development and between the proposed development and  adjoining areas and neighborhoods. Topographical limitations and opportunities.  d)  Block lengths shall not be less than four hundred (400) feet nor: more than twelve hundred (1200) feet and shall normally be wide enough to allow two (2) tiers ofl lots of appropriate depth. Pedestrian crosswalks not less than ten (10): feet wide may be required across streets where deemed essential in blocks over eight hundred (800) feet long by the Planning Commission to provide circulation or access to schools,playgrounds, shoppingcenters, bus stops, and community: facilities.  SECTION4-LOTS  4.1 The lot size, width, depth, shape, and orientation, and the minimum building setback line shall be appropriate for the location of the subdivision and for the type ofdevelopment and  use contemplated.  4.2 Lot areas shall conform to the requirements of the Zoning Ordinance and the requirements of the County Health Department. In cases where requirements conflict, the greater 4.3 Unless the proposed development is within the Central Historical Zoning District, the  requirements shall govern.  following lot size and area requirements shall govern:    ARTICLEIV: Design Standards  33  a)  Residential lots shallb becontaini not less than fify/50,fetoffiontage: alongay public or private street dedicated for public use and constructed in accordance with all  applicable Town street standards.  b) The width of residential lots shall not be less than fifty (50) feet at the building  setback line.  c)  Residential lots shall have a depth of not less than 120 feet and al lot area ofnot less  than 10,000 square feet.  4.4 Corner lots for residential use shall have extra fifteen (15) feet width to permit appropriate 4.5 Each lot shall be provided with access to and frontage upon a dedicated street right-of-way 4.6 Double frontage and reverse frontage lots shall! beavoided, exceptwhere essential toj provide separation of residential development from traffic arteries, or to overcome specific 4.7 Side lot lines shall normally be at right angles to streets, except on curves where they shall 4.8 Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for off-street parking and loading for the use contemplated.  building orientation and setback from both streets. ofnot less than fifty (50) feet in width.  disadvantages oft topography and orientation.  be radial.  SECTION 5-1 EASEMENTS  5.1 Easements across lots or centered on rear or side lot lines shall be provided for utilities and drainage where necessary, and shall not be less than at total oftwenty (20) feet wide, unless otherwise approved by the engineering department of the specific utility. 5.2 Where a subdivision is traversed by an existing or proposed water course, drainage way, channel or stream, there shall be provided a storm drainage easement or right-of-way conforming substantiallywitht the lines ofsuch existing or planned drainage way. Thewidth ofsuch drainage easement or right-of-way shalll bes sufficient to contain the ultimate channel 5.3 Lots and easements shalll be arranged in such a1 manner as to eliminate unnecessary easement jogs or off-sets, and to facilitate the use of easements for power distribution, telephone  and maintenance way for the tributary area upstream.  services, drainage, water, and sewer services.    34  Waverly, Subdivision Regulations  SECTION 6-STORMWATER: DRAINAGE AND MANAGEMENT  Stormwater drainage and flooding arei important considerations in subdivision design. Stormwater runoffcauses soil erosion andresulsimincreased contaminationandscdimentationolpublicwaters. Flooding represents a serious hazard to lives and property. In addition, Waverly has numerous streams which draini intoimportant: surface waterr resources and public water supplies. Theintegrity and quality oft these water resources must be maintained to sustain these local benefits. Therefore, itisi important for all subdivisions to include appropriate stormwater drainage facilities, as required byt this section. The Towni mayrequest assistance from thel Natural Resource Conservation District or other qualified experts in evaluating the applicant's proposed measures to comply with these 6.1 ADEM, permit required. Major construction projects or land disturbing activities that fall within the requirements of the Clean Water Act must be approved by the Alabama Depatmemtoftmviommenat Management priortod development. Applicantssubject: tot this requirement shall provide evidence that a stormwater discharge permit has been issued by ADEM prior to the issuance of a zoning permit by the Enforcement Officer.  requirements.  6.2 Drainage plan required. A drainage plan shall bej prepared and submitted by the owner's Engineer, Architect, Landscape Architect, or Surveyor for eachy proposed subdivision. Such plan shall consider the ultimate or saturated upstream development, as may! be contemplated bythe Waverly Comprehensive Plan, ofthei major drainage channel(s)i in whichi thej proposed subdivision is located. Adequate provisions shall be made to provide drainage easements needed within the subdivision, taking into consideration the saturated development oft the tributary area. The plan also shall incorporate appropriate best management practices to minimize soil erosion and sedimentation impacts both during (short-term) and after (long- term) construction. The Planning Commission may waive or reduce the requirements for a drainage plan for residential subdivisions of ten (10) or fewer lots, provided that the Subdivider can document that adequate stormwater drainage facilities exist to serve the proposed development and any potential future resubdivision oft the site. 6.3 Design. Requirements. Stormwater management measures shall be designed in accordance withalla applicablel Best Management Practices leppebypefonenda. activity. Appropriate short-term (during construction) and long-term (after construction: is complete) measures shall be applied to minimize potential erosion of disturbed soils on the development site. All slopes on the development site in excess oft ten (10) percent grade shall be permanently stabilized through the use of natural vegetation (preferably native vegetation), retaining walls, terracing, or a combination, as may be appropriate. Each subdivision shall contain adequate stormwater management facilities (detention norretention basins, drainage ways, storm drains, etc.) to accommodate on-site and safely release or transmit thei runoff that would be generated by a twenty-five (25): year storm event, without causing an increase or surge in the volume and velocity ofoff-site peak stormwater runoff  over the pre-development state.    ARTICLEIV: Design Standards  35  6.4. Creative and innovative) pollutedi runofmanagement, practices. Subdivision drainage plans should, tot the greatest feasible extent, incorporatec creativeandimmoyatives designt tominimize the impacts of polluted runoff on the environment. Such design features may include, but are not limited to, undisturbed natural buffers between impervious surfaces and adjoining streams and drainageways, maximum retentiono ofexisting mature trees on! building lots, the use ofs seeded shallow "V" drainage swales (with stabilized cut slopes not to exceed a ten [10] percent grade)rathert than concrete curb and gutter, thet use ofporous pavement surfaces for parking lots, service roads, alleys, and cul-de-sacs, the use of crushed gravel or turf parking areas for small parking lots or spillover parking areas, and the creation ofwetlands fors stormwater detention andi retention, and other practices as mayb be appropriate to address on-site stormwater drainage needs. Such creative and innovative design features should be A. where they will be compatible with existing off-site stormwater management B. where appropriate to: yityONmaNe the stormwater runoffthat would be generated by the proposed level ofimpervious surfaces without the need  used in the following development settings;  infrastructure improvements serving the drainage basin, and  for excessive perpetual maintenance.  6.5 Tie-in required. All proposed drainage improvements shall tiei into any existing man-made or natural drainageways along the existing public streets adjoining the development site. Under no conditions shall stormwater drainage be emptied into the sanitary sewer system or 6.6 Stormwater management on privately owned common open space lands. Where any stormwater management improvements are to be constructed on common open spacel lands within the development, such improvements shall be subject to special maintenance provisions as required in Section 7 (Common Open Space Requirements) oft this Article. The Town of Waverly shall assume no responsibility or liability for the continued, maintemane.mpovemen, or repairofprivaitelyowned: stormwater management facilities. 6.7 Conditions for7 requirement ofo curb and gutter. Concrete curbs and gutters mayl be required thel Planning Commission on both sides ofall new streets within the' Town limits where any A. Thei topography, extensiveness ofimpervious surfaces, and/ors soils int the vicinityof the proposed subdivision site are not generally conducive to the use of stabilized drainage ditches or swales duei toi the degree oferosion and sedimentation that would occur duringad design storm event or the potential for standing waterwithin; proposed  vice-versa.  of the following conditions have been determined to exist:  draining ditches or swales.    36  Waverly Subdivision Regulations  B. Alternative stormwater drainage measures would not be compatible with existing curb and gutter improvements serving or adjoining the proposed subdivision site. Adeqpuaterightofwaywadhismolawalabetoacommodate alternative: stormwater  C.  drainage measures.  D. Alternative stormwater drainage measures will not provide sufficient protection to the improved street surface subbase from excessive water intrusion. 6.8 Curb and gutter standards. When required, concrete curbs and gutters shall be ai minimum of eighteen (18) inches lateral total dimension. Concrete curbs shall have a minimum strength of three thousand (3,000) pounds per square inch. Storm sewers and drainage structures shallb bed designed andi installed where curbs and gutters arerequired in accordance with good engineering practice. Adequate drainage facilities for collector streets may be achieved through the use of a standard concrete vertical curb with spill gutter. Concrete rolled curbs may bet used toj provide drainage facilities for minor streets. Additional drainage structures may be required by the Planning Commission, as may be recommended by the 6.9 Additional drainageway improvements. Adequate provision shall be made in all street improvements for culverts, pipes, headwalls, drains, and drop inlets. Required storm pipes shall be designed to maintain a water flow velocity equal to or greater than three (3): feet per second. No pipe used for storm drainage shall be less than fifteen (15) inches in inside diameter. Ataminimum, storm pipe inlets or drains shall bel located in all sump locations not designed as detention ori infiltration facilities and at alll low points on vertical sag curves. Amanholeorinlet with access shalll bej placed ati maximum disamcsofeghhamamdtcw, feet and at all changesi inj pipe size, grade, or alignment on straight: runs, and at all storm pipe 6.10 Alternative ralnagenaympovement. Subdividers may seek approval from the Planning Commission to utilize creative and innovative stormwater management features, as referenced in Section 6.4 above, in lieu ofconcrete curbs and gutters. Subdividers also may request special permission to utilize inverted street surface crowns to satisfy stormwater drainage needs for cul-de-sac streets and alleys that do not exceed six hundred (600) feet in length and are specifically designed to maintain a constant slope of not more than six (6) percent norl less than one (1) percent in grade. Where inverted surface crowns are utilized and adequatelyt tied into existing or proposed stormwater drainage facilities along adjoining streets, all curb and gutteri requirements for stormwater drainage along such cul-de-sacs and alleys may be waived. All requests to utilize creative and innovative stormwater management measures must be submitted in writing, and must be accompanied by appropriate documentation toj justify that the conditions stated in subparagraphs A and B of  Town Engineer.  intersections, except roof drains.  Section 6.4 above exist and are applicable to the proposed subdivision.    ARTICLEIV: Design Standards  37  6.11 Areas subject toflooding. Low areas subject toj periodic flooding shall not be developed or  subdivided unless and until the Planning Commission establishes that:  A. The nature of the land use (i.e., recreational areas) would not lend itselft to damage B. The area may be filled or improved in such manner to prevent such periodic C. Minimum floor elevations be required toj prevent damage tol building and structures.  by water inundation to an appreciable extent;  inundation; or  SECTION7- COMMON OPEN SPACE REQUIREMENIS  Within subdivisions where common open space: is required or will be providedbyaSabdv.de, the 7.1 Access to common open space. Open space should be distributed throughout the development so that all lots within the subdivision shall have either direct access or access from an improvedy publicright-of-way. or easement to such areas. Common open spacel lands shall be designed toj permit access for maintenance without the need to cross private lands. Where common or public waterfront open spacei is provided within aj proposed subdivision, such lands shall be affordedconvenient vehicular and pedestrian access from alll lots within thesubdivision. Samcsmyeponshatinvpasamtauswofieres and greenbelt  following requirements shall apply:  easements.  7.2 Minimum size ofsubdivision. Nos subdivision containing fewer than twenty-five (25) lots or units shall contain common open space lands, unless such common lands are deemed necessary by the Planning Commission to provide and maintain required stormwater management: improvements or are desired toj provide adequate access to water amenities, as 7.3 Improvements prohibited from inclusion in common open. space. Common open space shall noti include public orj private streets, driveways, private yards, patios,parking: areas, orutility easements, where the utilities within the easement would interfere with reasonable activeor passive recreation uses. Sidewalks, playgrounds, and other outdoor recreational facilities, and ponds or lakes may be constructed within common open space lands, where adequate provisions are made for continued private maintenance of any such improvements. 7.4 Management agreement for control and maintenance of common areas. The Town of Waverly shall bear no responsibility or liability for the continued maintenance, repair, or improvemento ofprivately owned common open space lands. Nol lotorsinctureinambdiv: sion containing common or shared open space shall be sold until lacorporation, association, property yowner's group or similar entityhas been formed. Such corporation shall possess the  recommended by this Section.    38  WaverlySubdiviion Regulations  right to assess all thej properties which arej jointly owned with interests in the common areas and facilities in the entire development, ori in the tract which is aj part of the entire develop- ment, toi meet the expense ofsuch entity. The corporation also shall be vested with authority to control, and the duty to regularly maintain (either directly or by contract), all of said mutually owned features of the development or tract portion thereof. In addition, the homeowner's association bylaws or rules shall contain provisions authorizing the local government to maintain said open space at the association's expense and upon fifteen (15) days advance written notice, ift the association has not properly maintained any or all open space entrusted to it. Such entity shall operate under recorded conditions, covenants, and restrictions which may include compulsory memberships of all owners of lots and/or dwelling units, and flexibility of assessments to meet the changing costs of maintenance, repairs, andservices. The Subdviderordeveloper shall submit cvitempeorcomplamcewin these requirements to the Planning Commission prior to approval ofal Final Plat.  SECTION8-NON-RESIDENTIAL SUBDIVISION accordance with appropriate sections ofthe Zoning Ordinance.  Non-residential subdivisions shall be reviewed and processed by the Planning Commission in  SECTION-VACATING A STREET  No: street may be vacated unless such action is recommended by the town Planning Commission to  the Town Council and approved by the Town Council.    ARTICLE V: Required Improvements  39  ARTICLE V  REQUIRED IMPROVEMENTS  The subdivider is required to install or construct the improvements hereinafter described prior to having released the bond or other securities which guarantee installation of such required All improvements required shall be constructed in accordance with the standards set forth in these regulations, and under the inspection ofa an authorized officer and the mgneinglpamtmemtonte All water mains, sanitary sewers and laterals, and storm sewers shall be installed as necessary to prevent the future cutting oft the pavement and any street, sidewalk, or other required pavement.  improvements.  respective utility.  1.1 STREETS AND ALLEYS  On all streets and alleys within the jurisdiction ofthese regulations, a suitable hard surface type ofroadway meeting the requirements ofthe Town's specifications or as recommended  by the Alabama State Highway Department shall bej provided.  1.2 CURBS AND GUTTERS  Standard approved type curbs and gutters shall be placed on both sides of all new streets. Additional curb and siterdstgirgpirmesar: specifiedi lin Ariclely/Setionbottate  Regulations.  1.3 PEDESTRIAN AND BICYCLE LANES IN RESIDENTIAL SUBDIVISIONS  Provisions shall be made for pedestrian and bicycle traffic in the form of area provided for at trail system within the subdivision for pedestrian and bicycle circulation. Sidewalks shall beplaced on! both sides ofall streets in the Central Historical District and shall be six (6)f feet wide, and constructed according to city specifications. All sidewalks and other pedestrian access improvements shall be designed and constructed in accordance with the applicable requirements of the Americans with Disabilities Act of1990, as amended.  1.4 WATER MAINS  The design and specifications ofthe distributionsystem shall: meet the Waverly water system requirements. Water mains shall be extended the full length or width oft the pavement. Ifa well is required for each lot, the location construction, and use of such a well shall meet Health Department requirements. If a well is to serve more than one lot, a public water system is required. The design and specifications of such distributions system shall meet    40  WaverlySibdlivision Regulations  health Department specifications and shall bei installed under inspection ofthe town Water  Department. 1.5 FIRE: PLUGS  Fire plugs shall bei installed along each street every 1,000 feet, or at the ends and center of each block. The water supply and pressure shall be sufficient to adequately serve the potential needs of the intended land use. The Planning Commission may, at the recommendationofthe Fire Chief, require a Subdividerto construct a firej pond within large smbdivisions-consising of at least twenty-five (25) lots--that, in the opinion of the Fire Chief, lack adequate nearby water supplies for fire suppression. Thesizeofanyrequired fire pondi myladtmindycmaling National Firel Protection. Association Codebook1231,  Water Supplies for Suburban and Rural. Fire Fighting.  1.6 SANITARY SEWERS  Sanitary sewers shall be installed in each subdivision where community-wide sewerage service is available. All sanitary sewer lines shall bei installed in such ai manner as to serve adequately all lots. Septic tanks may be permitted in lieu of sewer lines wherever sanitary sewerage will notl be available within aj reasonable period oftime. Special approval must be Lot size shall not be less than the minimum standard and ofs satisfactory size for the proper installation ofa septic tank sewerage system as indicated by percolation tests.  obtained from the County Health Department.  1.7 STORM SEWERS AND DRAINAGE  Storm sewers and drainage structures shall bec designed andi installed where curbs and gutters arer required in accordance with good engineering practice. All such improvements shall be constructed in compliance with the specifications outlined in Article IV, Section 60 ofthese  Regulations.  1.8 PROPERTY MARKERS  All lot corners shall be marked with iron pipe not less than three-fourths (3/4) inches in diameter and twenty-four (24) inches long, and driven sO as to be flush with the finished  grade.  1.9 OVERSIZE FACILITIES  The Town Council may participate in the cost of "oversize" improvements within a subdivision, ifini its judgment such oversized improvements are necessary to serve large    ARTICLE V: Required Improvements  41  areas of land not in the subdivision, and if the cost of such oversize improvements is an  unreasonable burden on the subdivider.  1.10 STREETTREES  Developers shall be required toj plant street trees where none exist or the original trees have Street trees protect against excessive: heat and glare and enhance the attractiveness and value ofabuttingi property. The Planning Commission will assist the subdivider in the location of Iti isr recommended that trees bej planted five (5) feet inside (or behind) property lines where they will be less subject to injury, decrease the changes of motor accidents, and enjoy favorable conditions for growth. Iftrees are tol bej planted within aj planting stripi int thei right- of-way, their proposed locations and species to be used must be approved by thel Planning commission since the public inherits the care and maintenance ofsuch trees.  been severely damaged by construction.  trees and species to use under varying conditions.  1.11 PUBLIC INFRASTRUCTURE CONNECTIONS REQUIRED  Where public water and sewer are within three hundred feet (300), the subdivider shall  connect with same.    42  Waverly, Subdivision Regulations    ARTICLE VI: Performance Bonds  43  ARTICLE VI PERFORMANCE BONDS  Improvement responsibilities and assurances may be required by the Town to ensure the proper installation ofrequired subdivision improvements prior to approval ofal Final Plat. The nature and duration of any arrangement requiring the documentation of improvement responsibilities and assurancess shallbestructured to achieve this goal without adding unnecessarycosts: toi thedeveloper. Before construction activities in accordance with an approved Preliminary. Plat may be undertaken, orasacondition ofPreliminary. Plata approval, the' Towni may approve and shall accept the following  assurances, when required by the Planning Commission.  1.  Value ofimprovement assurance. The furnishing ofaperformance assurance in an amount determined by the Town Engineer not to exceed one-hundred twenty (120) percent ofthe estimated or projected cost ofproper construction or installation for the required improve- Extensions. The time allowed for the installation of the improvements for which the performance assurance has been secured may be extended by the Planning Commission by resolution, provided that the applicant has demonstrated a good faith effort to complete the improvements in accordance with the approved construction schedule and that the need for the extension is caused by factors beyond the exclusive control oft the developer. 3. Review and release. Upon substantial completion of all required improvements, the developer may notify the Town Engineer, in writing, that such substantial completion has taken place. The Town Engineer, or his/her designated agent, shall be afforded an yeipaulieyne toa assured compliancewitha applicablestandards. The Town Engineer shall prepare and file a report on the status of the affected improvements. If approved, the Town Engineer may notify the developer in writing that the specified impovemenstisylappicaberguiremems: lfonlypartalyapprove,ordisapproves, the Town Engineer shall notify the developer in writing regarding any deficiencies concerning specified improvements, and shall indicate any corrective action tol be taken. If, however, an inspection reveals that the improvements were not constructed in accordance with the Preliminary Plat or any specific changes to the Preliminary Plat that were. formally approved by the Planning Commission and the developer has not corrected the deficiency, then the' Town shalll be authorized to undertakeremedial work or may complete the defective improvement in accordance with the approved Preliminary Plat, the' Town's cost for which shall be paid in full by the performancel bond. The Town also may utilize the funds secured by the performance bond to complete subdivision improvements shown on the approved PreliminayPlatwheret the developer has abandoned or failed to complete thei improvements. Wherei the Town hast undertaken suchi remedial work activities, the developer shall not seek nor receive reimbursement oft the performance bond funds necessary to cover the Town's costs for the remedial work. Where partial approval is granted, the developer may be  ments.  2.    44  WaverlySubdivision Regulations  released from financial liability for only those portions ofthei improvements that have been Performance andi maintenance: mechanisms. Performance and maintenance assurances may be provided by a variety oft means including, but not necessarily limited to, the: following. A. Securitybond. The applicant mayobtain as securitybond payable to the Town, which has been countersigned byasuretybonding agent licensed to dol businessi int the State B. Cash. The applicant may deposit cash, or other instrument readily convertible into cash at face value, either with the Town or in an escrow account with a bank approved by the Planning Commission. Any accrued interest on the cash principal C. Letter of Credit. The applicant may provide an irrevocable letter of credit from a bank oro other reputablei institution approved byt thel Planning Commission. Thel letter ofcredit shall bind the developer and thel bank, together with their! heirs, executors, D. Property. The applicant may provide as an assurance land or other real property to which clear title can be verified and validated by an affidavit. The market value of any property offered as an assurance substitute for a performance bond shall be established by an independent appraiser selected by the Planning Commission, the cost for which shall be reimbursed in full to the Town by the applicant. Where any question remains regarding the true market value of any property offered as a security, the Planning Commission may require al review appraisal conducted by an independent appraiser selected by thel Planning Commission. The cost for any such review appraisal shall be reimbursed in full to the Town by the applicant. When property is offered as a security for proposed improvements, the applicant shall: 1) Execute an agreement with the trustee, when it is not the Planning Commisson,insinucing thet trustee tor release the propertytot the' Townint the case of default. The agreement shall also state that the property may be released onlyupon the consent ofthe. Planning Commission. Theagreement 2) File with the Planning Commission an affidavit affirming that the property tol ber used as a guarantee is free and clear ofany encumbrances or liens at the 3) Execute and file with thel Planning Commission an agreement stating that the propertytol bej placed into trust as ani improvement guarantee will notl be used  satislaclorlycompleted and approved.  4.  of Alabama.  shall bej payable to the Subdivider.  administrators, and successors to the Town of Waverly.  shall be placed on file with the Planning Commission.  time it is to be placed into trust.    ARTICLE V: Performance. Bonds  45  for any other purpose or pledged as a security in any other matter until it is  released by thel Planning Commission  4) Notrequest myrieuseofileuntlal: improvements secured by the] property havel been completed in satisfaction ofthe Town as stipulated int this section.  5. Final acceptance Ofdedicatedstreeis. The Town Council may withhold final acceptance of any privately constructed, dedicated right-of-way: for aj period ofo one (1): year to ensure that the street has been properly designed and constructed to withstand normal wear and tear. During said one-year waiting period, the developer shall be responsible for all street maintenance costs. In: addition, the Town Council may require the developer to correct any construction deficiencies that emerge within the one-year waiting period as a condition to  final acceptance ofsaid street.    46  Waverly, Subdivision Regulations    ARTICLE VI: Legal Provisions  47  ARTICLE VII LEGALPROVIBIONS  SECTIONI-VIOLATIONS AND PENALTIES  1.1 Illegal sale or transfer of lots. A violation of these Regulations shall occur in accordance with' Title1 11, Chapter 52, Section 33 ofthe Code of Alabama, 1975, as amended where the owner or agent of the owner of any land located within a subdivision subject to the requirements ofthese. Regulationst transfers, sells, agreest tosell, or1 negotiatest tos sell: anyl land withinas subdivision for which no. Final Plat hasl been approved byt thePlanning' Commission and duly filed and recorded in the office oft the County Probate Judge. Any such violation shall be punishable by a fine ofc one hundred dollars ($100.00) for each lot or parcel ofland so transferred or sold or agreed or negotiated to be sold, and the description ofs such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process ofselling or transferring shall not exempt the transaction from such penalties. The Town also may enjoin such transfer or sale or agreement by a civil action for injunction brought in any court of competent jurisdiction or may recover the same penaltyprovided in 1.2 Failuretoc complywith. Regulations. Any failuret to complywith the: applicablerequirements ofthesel Regulations or failure to construct subdivision: improvementsi in accordance with an approved Preliminary! Plat shall constitute a violation ofthese Regulations under Title 11, Chapter 52, Section 83 ofthe Code of Alabama, 1975, as amended. Anys such violation shall bej punishable bya fine of up to five hundred dollars ($500.00) and or imprisonment ofnot more than six (6) months, as provided in accordance with' Title 11, Chapter 45, Section! 9 of the Code of Alabama, 1975, as amended. Where such a violation has been confirmed to exist byt the Zoning Enforcement Officer, they violation shalll be cured in accordancer with the administrative procedures outlined in Article II, Section 6 ofthese Regulations.  this section by a civil action in any court of competent jurisdiction.  SECTION: 2-1 RESTRICTIVE COVENANTS AND BYLAWS  Subdivision bylaws, covenants, and deed restrictions may be imposed upon the lots within the subdivision by the Subdividerwhen thel Final Plat is recorded. Once any such subdivision bylaws, covenants, and deed restrictions have been recorded, they can be administered only by the Subdivider, the homeowners' association of the subdivision, or the owners of land within the subdivision, as may be applicable, and they mayl be enforced onlyb by private legal action through a court ofcompetent jurisdiction. The Town of Waverly and the Waverly Planning Commission is in no way liable for and assumes no responsibility to approve, enforce, amend, or administer any duly adopted or recorded subdivision bylaws, covenants, and deed restrictions. Furthermore, advance knowledge by the Planning Commission prior to Final Plat approval that any such subdivision bylaws, covenants, and deed restrictions will bei imposed byt the Subdivider shall ini no way constitute implied authority or responsibility to approve, enforce, amend, or administer any    48  averlySubdivision Regulations  subsequently adopted or recorded restrictive covenants or bylaws. Finally, no such authority shall bei implied by the granting ofFinal Plat approval for any subdivision within which special bylaws,  covenants, or deed restrictions have been or will be imposed. SECTION3-SEVERABILITY AND SEPARABILITY  Should any article, section, subsection, or provision ofthese Subdivision Regulations be declared bya court ofc competent jurisdiction tol bei invalid or unconstitutional, such decision shall not affect the validity or constitutionality oft the Subdivision Regulations as a whole, or anypart thereofother SECTION4 4- ADOPTION, AMENDMENT, AND REPEAL OF REGULATIONS The Planning Commission may adopt, readopt, amend, or repeal these Regulations by a majority vote ofthe members at a meeting where a quorum is present. Before adoption, aj public hearing, as described by law, shall be held thereon. Procedures for public notification and conduct of such public hearing shall be in accordance with the provisions of Article V Sections 2.5 and 2.60 ofthese Regulations, with the exception that the specificnotice to adjoining property owners and Subdivider shall not be required. Following its adoption, a full and complete copy of the amendment shall published, certified, and recorded in compliance with Title 11, Chapter 52, Section 8 ofthe Code of Alabama, 1975, as amended. In addition, a copy rofthe adopted amendment shall be certified by the Planning Commission to the Probate Judge of Chambers, Lee, or Tallapoosa County.  than the part SO declared to be invalid or unconstitutional.  SECTION 5-1 REPEAL OF FORMER REGULATIONS  These Regulations are the official Subdivision Regulations for the Town of Waverly. All other conflicting municipal subdivision regulations adopted prior to the adoption or amendment of this ordinance are hereby repealed; provided that nothing herein shall be construed as repealing or modifying those approvals, permits, or variances issued in good: faith compliance with any previous  local ordinance hereinafter repealed by these Regulations.  SECTION 6-) INTERPRETATION OF CONFLICTING REQUIREMENTS  Whenever the requirements of this ordinance conflict or are in any way inconsistent with the requirements ofanyother lawfully adopted statutes, rules, regulations, ordinances, the most restric- tive, or that imposing higher standards, shall govern, unless otherwise specifically stated in these Regulations. Nocertificateofzoning: complianceorplat: approval shalll bei issued or considered valid foramylusorasihiywhiahis: or would be otherwisei illegal under the terms ofany applicable local,  State, or Federal Law.    ARTICLE VI: Legal Provisions SECTION 7- EFFECTIVE DATE  49  These Subdivision Regulations shall supersede all previous Subdivision Regulations ands shall take effect five (5) days from the date ofi final posting byt the Town, in accordance with' Titlel 11, Chapter  45, Section 8 ofthe Code of Alabama, 1975, as amended.    50  Waverly, Subdivision Regulations    RESOLUTION NO. 2001-3  ARESOLUTION ADOPTING SUBDIVISION REGULATIONS FOR THE TOWN OF WAVERLY, ALABAMA, IN ACCORDANCE WITH THE PROVISIONS OF TITLE 11, CHAPTER 52, CODE OF ALABAMA, 1975, AS AMENDED; REPEALING ALL CONFLICTING REGULATIONS; AND PROVIDING FOR. AN EFFECTIVE DATE WHEREAS, Title 11, Chapter 52, Code of Alabama, 1975, as amended, authorizes the Planning Commission to enact Subdivision Regulations to govern the subdivision of all lands within the corporate limits of the Town of Waverly, Alabama and within a five (5) mile radius of the Town Limits; and WHEREAS, the Town of Waverly, Alabama desires to exercise its powers to regulate subdivisions in  OF THIS ORDINANCE.  accordance with Alabama law; and  WHEREAS, the Planning Commission has prepared Subdivision Regulations for the Town; and  WHEREAS, the Planning Commission conducted a formal public hearing on the proposed new Subdivision Regulations on November 29, 2001 in accordance with the requirements of Title 11, Chapter 52, Section NOW THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE TOWN OF WAVERLY, SECTION 1. That the Waverly Planning Commission hereby adopts the December 2001 Waverly Subdivision Regulations, pursuant to the authority granted by Title 11, Chapter 52, Code of Alabama, SECTION 2. That all conflicting regulations adopted previously by the Planning Commission, be SECTION 3. That the aforementioned Subdivision Regulations shall become effective five (5) days from the date of final posting in accordance with Section 11-45-8 of the Code of Alabama, 1975, as amended.  31 of the Code of Alabama, 1975, as amended;  ALABAMA:  1975, as amended on this 29th day of November, 2001.  repealed.  ATTEST: Town Town of Waverly Aifaty Cuckdst Planning gommission Member QhBWllany Planning Commission Member Rkhs PlenninfCommissioAl Member WAoe Planning Commission Member  Planning Town of Wavefly daurAt Planning ComimissionMember: Planning Commission Member Planning Commission Member Planning Commission Member  51    CERTIFICATION OF ADO: TION  I hereby certify that the attached  regular session assembled on the_ ordinance was duly adopted by the  minutes oft the Waverly Planning 29th day of November,  2. 'averly 1, Planning Commission in -  Commission.  and is recorded in the official.  diks  Town fayf  Official Seal  CERTIFICATION OF  PUBLICATION  Ahke certifyti that these was in the  Town Clerk for the  Regulatighs were  Town of  faly office of the Mayor, and  posted in threepublic places Waverly, Alabama, hereby with the provisions ofCode of beginning on the 48 day of  Pettmdu-200, in accordance two other public places,  within the Town, one ofwhich Alabama (1975): Section 11-45-8.  uhlel  Date  dA deue Town Clerk  ley  Official Seal  52    APPENDIX A  FORMS & CERTIFICATES    FORM1- OWNER'S CERTIFICATE  ONERSCERTIPICATE AND. DEDICATION. We, theundersigned (name ofowner) doh herebycertify that we are the owners of and the only person(s) having any right, title, or interest in the Iand shown on the Plat of (name ofs subdivision), and that thel Plat represents a correct survey oft the above described property made without consent, and that wel hereby dedicate to the public use all the streets as shown on said Plat. The easements as shown on the Plat are created for the installation and maintenance of public utilities. We hereby guarantee a clear title to all lands sO dedicated from ourselves and our heirs or assigns forever, and have cause the same to be released from all encumbrances sO that the title is clear, except as shown in the  abstractor's certificate.  RESTRICTIONS: (if fany,follow here)  Witness Witness_  hand  this  dayof.  55    FORM2-SURVEYORS CERTIFICATE SURVEYOR'S CERTIFICATE.L, subdivision) consisting of  the undersigned, do hereby  certify that I am a professional land surveyor or civil engineer and that the annexed map of (name of  sheets, correctly represents a survey made under my supervision on  the  day of  and that all ofthe monuments shown hereon  actually exist and their positions are correctly shown.  Signature:  Witness:  56    FORM3- CERTIPICATION OFTHE. APPROVAL OF STREETS AND UTILITIES Ihereby certify: (1) that streets, utilities, and other improvements have been installed in an acceptable  manner according to Town specifications in the subdivision entitled completion of all required improvements in case of default.  or, (2) that as security  bond in the amount of$  has been posted with the Planning Commission to assure  Date  Town Street Superintendent or Other Approving  Agents  57    FORM4 4- CERTIFICATE OF APPROVAL FOR RECORDING  Ihereby certify that the subdivision plat for  subdivision has been found  to comply with the Subdivision Regulations for Waverly, Alabama with the exception of such variances, ifany, as are: noted in the minutes ofthel Planning Commission, and that it has been approved for recording  in the office of the Probate Judge ofChambers, Lee or Tallapoosa Counties.  Date  Secretary, Planning Commission  58    FORM5 15-PERFORMANCE: BOND KNOW. ALL. MEANBITHESE PRESENTS:  That we,. dollars ($_ Dated this  as. Principal and the undersigned Surety, are held and  firmly bound unto the Town of Waverly, Alabama, hereafter called the town in the full sum of  ), for the payment ofwhich, well and truly to be made, we, and each ofus, bind  ourselves) jointly and severally, by these presents.  day of  A.D.,  The conditions oft this obligation are such that, ofat tract of land described as: follows: AND, WHEREAS, PRINCIPAL shall, within  WHEREAS, PRINCIPAL has submitted to the Planning Commission aj preliminary; plat for subdivision  months from the date of approval ofthe final plat  of the subdivision, faithfully install complete improvements and utilities in the subdivision according to requirements ofordinances, approved plans, specifications, subdivision rules and regulations of the town andpayallbillsi forcontractors, subcontractors, labora andi materialsi incurredi linc completiont thereof; and shall hold harmless and indemnify the Town and alli interest property owners against liability, loss or damage by reason of failure of PRINCIPAL to faithfully perform the conditions hereof, then this obligation shall be null and void, otherwise to remain in full force and effect; PROVIDED, however, that actions upon this bond by contractors, subcontractors, laborers or material men shall be limited to six months from and after  completion oft the improvements and utilities above referred to. Signed, sealed and delivered the day and year first above written.  Principal  ATTEST:  BY:  Secretary  59    ATTEST:  BY:  Secretary  Approved as to form and legality this  day of  A.D.,  ATTEST:  Clerk  Mayor  60    FORM 6- TOWN COUNCIL ACCEPTANCE OF FUBLICDEDICATION  BEI ITI RESOLVED by the Town Council of the Town of Waverly, Alabama, that the dedication shown  ont the attached plat of (name ofs subdivision) are hereby accepted. Adopted by the Town Council oft the Town ofWaverly, Alabama this  day of  Mayor  ATTEST  Clerk  61    FORM 7 - CERTIFICATE OF APPROVAL OF THE FINAL PLAT BY THE PLANNING  COMMISSION (to be placed on the plat)  Pursuant to the Waverly Subdivision Regulations, all the requirements for approvall havel been fulfilled. This final plat was given Final Approval by the Town of Waverly Planning Commission on  Secretary  Date  62    TOWN OF WAVERLY VIOLATION COMPLAINT Complaint received by: Public Official  Date of complaint: Form of Complaint:  Citizen  Inspector Telephone:  Name of Person Filing Complaint: Nature of Complaint: Location:  Probable violation of Article Regulations, described as follows:  Section_  oft the Waverly Subdivision  Referred for inspection to: Date ofinspection: Inspection findings:  Violation found  No violation found  Other:  Initial action following discovery ofviolation:  Notice ofViolation sent on: Other  Follow-up inspection due on_  Notes:  63    TOWN OF WAVERLY NOTICE OF VIOLATION  Date ofr notice  Name of Property Owner Mailing address Town, State, Zip  Dear (Name ofp property owner):  On (Date of investigation), I investigated and confirmed a violation of the Waverly Subdivision Regulations on your propertylocated: at (Street addressofsubiect property). Thematwreoflhisviolation number) Section (Cite section and subparagraph number) ofthe Subdivision Regulations. Iam the violation must be corrected) in order to avoid the issuance ofa formal citation and penalty. Ifyou feel that this noticel has been issued ine error or you: feel that an extension to the deadline is necessary, please arrange a meeting with me on or before (Date - fivel business days after the date ofnotice) Iwilll be Thank you for your help in addressing this problem. The Town ofWaverly appreciates your cooperation.  is_ (Description oft the violation)  which violates Article. (Cite article  writing to request that you take action to correct this violation on or before,  (Specifydatel bywhich  happy to discuss this problem with you in greater detail.  Sincerely,  (Signature of Enforcement Officer) Enforcement Officer  :  65    TOWN OF WAVERLY NOTICE OF CITATION  Date of citation Name of Property Owner Mailing address Town, State, Zip  Dear. (Name of property owner):  On_ (Date upon which initial violation was confirmed), Iinvestigated and confirmed. a violation ofthe Waverly Subdivision Regulations on your property located at (Street address ofs subject property) The nature of this number) Section, (Cite section and subparagraphi number) ofthe Subdivision Regulations. Ouri records show thatt thel Notice ofViolation was sent toy you on (Date that ther notice was mailed) and received by you on. (Date ofreceipt byp property owner) explaining the nature of this violation and requesting that you correct the problem On (Dated ofre-inspection), Iperformed: ai follow-up investigation to determine whether or not the violation had been corrected in accordance with thel Notice ofViolation. Myi inspection oft the property revealed that the violation has not been corrected in accordance with the Subdivision Regulations. Therefore, the' Town of Waverly is hereby issuing this Citation to) you forf failure to correct a violation oft the Subdivision: Regulations. To correct this violation, youmust (Specify corrective measuresi includingt theamount oft the fine that must be paid by the property owner) aforementioned date, the Town of Waverly willl be obligatedt toi file: a written complaint witht thel Municipal Court for relief. Ifsuch a complaint is filed, you willl be required to appear before the Municipal Court, at a time and date to be determined! by the Court, to answer the charge ofviolation as explainedi int this Citation. Ifyouhavear any questions regarding this violation or the subsequent actions that the Town will take, please do not hesitate to contact me at. (Specify contact number and/or e-mail address) during the hours of (Specify business hours). We appreciate your efforts toi resolve this violation as soon as possible. Thank you for your cooperation.  violation is (Description oft the violation)  which violates Article. (Cite article  on or before (Deadline for correction of violation specified in the notice oft the violation)  on or before  (Ten days after the date of citation) If this violation is not corrected in full by the  Sincerely,  (Signature ofl Enforcement Officer)_ Enforcement Officer  66    TOWN OF WAVERLY, ALABAMA SUBDIVISION APPLICATION  Property owners in the" Town ofWaverly who wish tos subdivide property within the' Town: and within the' Town'sextrateriorial planning. jurisdiction: must complete a Subdivision Application form. To request Planning Commission approval ofap proposed subdivisionplam.please complete thei followingapplication andi return thei formwith: all necessarys supporting documents to' Town Hall. Incomplete applications will not be processed. For additional information, please call the Town of Waverly Enforcement  Officer at (334) 887-6453 during regular business hours.  Applicant Information:  Name of Applicant: Mailing Address:  Business. Hours Telephone #: L Fax #(favailable): L NOTE:  If the applicant is NOT the owner of the subject property, then the application MUST be accompanied by a letter signed by the owner authorizing the applicant  to submit the application.  Consulting Engineer Information: (Ifsame as applicant, complete only first three lines)  Name ofLead Consultant: Name of Consulting Firm: Professional Trade Affiliation: Mailing Address:  Engineer  Surveyor  Architect  Business Hours Telephone #: L Fax# #(favailable): L  67    Property Summary Information: Owner(s) of Record:  Street Address ofSubject Property:  Is Subject. Property Located Within the Town Limits of Waverly? I Yes L INo  Tax Map & Lot Number of Subject. Property: Zoning Classification of Subject Property: Size of Subject Property in Acres: Size in Acres of Smallest Lot to be Created: Total. Number of New Lots to be Created:  IsS Subject Property. Located Within 300. Feet ofa Town Water or Sewer Main?  Yes  INo  Uses to be. Allowed in Subdivision: [ Residential [ Industrial I Commercial  IsP Property Located Within a 100-Year Floodplain?  - Yes  No  Supporting Information:  Please submit the following items with the Subdivision Application, form:  [I Full payment ofthe required. Application Fee.  II Six prints or copies of a preliminary plat of the proposed subdivision satisfying all requirements ofArticle V, Section 4.3of the Waverly Subdivision Regulations. II AL listing ofthe names and mailing addresses of all owners ofland immediately adjoining the proposed subdivision, property as their names may appear upon the plats contained in the County Tax Assessor's office and as their addresses appear in the directory of the A complete list ofal! local, state, and federal permits or approvals that have been applied for or secured by the applicant for the proposed subdivision as ofthe date offiling ofthis  municipality or on the tax records of the municipality or county.  application.  68    Certifications: Applicant:  Ihereby certify and attest that, to the best of my knowledge and abilities, the information provided in this application is true and accurate. Further, I agree to provide any additional information within my powers that may be required by the Enforcement Officer, Town Engineer, or Planning Commission to determine the compliance of the proposed property construction or improvement activities with the Subdivision Regulations and Zoning Ordinance of the Town of Waverly.  Date Property Owner:  Applicant's Signature  h hereby certify and attest that, to the best of my knowledge and abilities, the information provided in this application is true and accurate. Further, I agree to provide any additional information within my powers that may be required by the Enforcement Officer, Town Engineer, or Planning Commission to determine the compliance of the proposed property construction or improvement activities with the Subdivision Regulations and Zoning Ordinance ofthe' Town of Waverly.  Date  Property Owner's Signature  69    FOR TOWN OF WAVERLY USE ONLY  Enforcement Officer's Information:  Date. Filed: Received By:  Application Fee. Received: 8 Date. Reviewed and Deemed Complete: Enforcement Oficer'ssSignature: Public. Hearing. Date:  ICash  ICheck #  Date Public. Hearing was Closed (ifDifferent from Above): Planning Commission, Action on. Preliminary Plat: Date of Final Action by Planning Commission:  Approved  Denied  Planning Commission Findings and/or. Special Conditions ofApproval:  Planning Commission Chair's Signature:  70