§ II. Procedures.
A.
Pre-application procedure.
1.
The subdivider may present a basic street layout, such layout to be the topographic map of the area to be subdivided and may be in the nature of a freehand sketch. If this step is requested by the subdivider, the data requirements shall be the same as for request for preliminary approval of a subdivision and at this time the adjoining property owners shall be notified of the fact that such proposed subdivision is before the commission for consideration. The basic lot sizes shall be given, but lots need not be shown on the basic street layout. The name of the subdivision shall be given, but the street names need not be assigned at this time.
2.
Upon receiving favorable consideration by the planning commission, the subdivider may then proceed to prepare the preliminary plat for submission.
3.
Favorable consideration by the planning commission under no circumstances shall be construed as preliminary or tentative approval.
B.
Procedure for conditional approval of preliminary plat.
1.
On reaching conclusions informally as described in section 2, part A, regarding his general program and objectives, the subdivider shall cause to be prepared a preliminary plat together with other supplementary material as deemed necessary by the planning commission and specified in section III.
2.
Six copies of the preliminary plat and supplementary material specified shall be submitted with the names of surrounding property owners, if not previously furnished, to the planning controls director at least 20 days prior to the meeting of the planning commission at which the preliminary plat is to be considered.
3.
Within ten days after the next meeting of the planning commission after the submission of the preliminary plat and other materials in conformity with these regulations, and discussions with the subdivider on any desired changes and the kind and extent of improvements to be made by him, the planning commission shall express its approval as conditional approval and state the conditions of such approval, if any, or its disapproval and the reasons therefor.
4.
The action of the planning commission shall be noted on two copies of the preliminary plat, referenced, and attached to any conditions determined. One copy may be returned to the subdivider if requested and the other copy retained by the planning commission.
5.
Conditional approval of the preliminary plat shall not constitute approval of the final plat. However, it shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for the approval of the planning commission, and for recording upon the fulfillment of the requirements of these regulations and the conditions of the conditional approval, if any.
6.
The subdivider shall not begin any construction without first notifying the city engineer, city traffic engineer, water works and sanitary sewer engineer or county engineer as appropriate and obtaining proper approval.
C.
Short form procedure for conditional approval of preliminary plat. A subdivision having five lots or less with lots fronting a previously dedicated street, and the platting of said subdivision does not affect any major operation of utility installation, may be subdivided under the short form subdivision procedure prescribed as follows:
1.
The pre-application procedure, as described in section II, part A, shall be performed.
2.
The design standard and data of the filing plat of the short form subdivision shall be identical when applicable to those of the long form subdivision plats.
3.
Six copies of the preliminary plat and supplementary materials specified shall be submitted to the planning commission.
4.
Conditional approval shall be given to the subdivider by the director of the planning controls division. The action of the planning controls director shall be noted on two copies of the preliminary plat referenced, and attached to any conditions determined. One copy shall be returned to the subdivider, if requested, and the other copy retained by the director of the planning controls division.
5.
After obtaining conditional approval from the director of the planning controls division, the subdivider may then proceed to prepare the final plat.
6.
The preliminary submission procedures, as prescribed in section II, part B of these regulations, shall be omitted in the short form submission subdivision procedure.
7.
Acting on his own responsibility, a subdivider may dispense with subparagraphs (1) through (7) inclusive and submit a plat for final approval to the planning commission.
D.
Procedure for approval of final plat.
1.
The final plat to be prepared as specified in section III, shall conform substantially to the preliminary plat as approved; and if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time; all of this provided; however, that such portion conforms to all requirements of these regulations.
2.
Certification of conformance is required before recording the final plat of all or part of a proposed subdivision. The planning commission will require certification by the city engineer to the effect that all of the improvements required herein have been completed to his satisfaction and in accordance with the approved preliminary plat and these regulations; or that the developers of the subdivision have furnished satisfactory performance bond guaranteeing the installation of the improvements within the time specified in the bond by the city engineer.
In lieu of the above certificate, further security or assurance may be furnished as is satisfactory to the city engineer guaranteeing the installation of these improvements within the time specified in the surety and in accordance with the specifications approved by the city engineer.
When security in the form of a cashiers or certified check is given as such security a letter of additional assurance guaranteeing that the improvements will be installed as per the plans and in the time specified will be required.
3.
The final plat and other supplementary material required for approval shall be submitted to the planning commission at least 20 days prior to the meeting at which the final plat is to be considered.
4.
Within ten days after the next meeting of the planning commission, after the submission of the final plat and supplementary materials required for approval, including any necessary surety, the planning commission shall express its final actions.
5.
Ten copies of the final plat shall be submitted, and upon approval, two signed copies shall be returned to the subdivider; two copies retained in the files of the planning commission; and one copy distributed to each of the following agencies: city building department, city engineer, city water works and sanitary sewer board, and city fire department.
6.
The approval of the final plat by the planning commission shall not be deemed to constitute or effect an acceptance by the public of the dedication of any street or other proposed public ways or space shown on the plat.
7.
After approval by the planning commission, the city engineer, the traffic engineer and the water works and sanitary sewer board engineer will sign a copy of the plat to be retained in the office of planning controls division. The executive secretary of the commission will sign all ten copies of the final plat, and five of these will be returned to the subdivider who shall have the same signed by the county engineer and have recorded in the office of the Montgomery County Probate Judge. The probate office will keep two copies for recording and properly stamp the other three copies, showing book and page number of said recording. The subdivider shall return two of the stamped copies of the final plat to the office of the planning commission.
8.
Reserved.
9.
If the plat is disapproved, the grounds for disapproval shall be stated in the records of the planning commission.
E.
Schedule of subdivision fees.
1.
All subdivision plats submitted to the city planning commission for approval must be accompanied by cash or a check made payable to the City of Montgomery, Alabama, for the amount specified in the following schedule:
Preliminary Plat
Residential zones: ..... $50.00 plus $1.00 per lot
All other zones: ..... $50.00 plus $3.00 per lot
Final Plat
Residential zones: ..... $100.00 plus $1.00 per lot
All other zones: ..... $150.00 plus $3.00 per lot
Extension of approval of final plat: ..... $25.00
2.
Each filing of a preliminary plat, whether or not a preliminary plat for the same property had been filed previously, shall be subject to the same requirements and fees as specified for filing the preliminary plat.
3.
Resubdivisions and replats may be submitted for final approval at first submission provided no new streets are proposed or included. Fees will be the same as if the property had never been platted.
4.
Each filing of a final plat, whether or not a final plat for the same property has been filed previously, shall be subject to the same requirements and fees as specified for filing of the final plat.
(Res. No. 1-2004, 5-13-2004)