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HomeMy WebLinkAbout02-06-2023 Planning Commission Agenda PacketSheny Sullivan Mayor Council Members Kevin G. Boone Roben A. Brown Jack Burrell. ACMO Ji mmy conyers CO rey Manin Lisa A. Hanks. MMC CifY Clerk Kimberly Creech CiO' Treasur,-r 161 Nonh S(ction S1ree1 PO Drawe, 429 Fa irhope . Alabama 36533 2S 1·928·213~ 251 -928•6i76 Fax www.fairhopea l.gov E. SD 22.30 Public hearing to consider the request of the City of Fairhope's Planning and Zoning Department, to accept Resolution 2022-06 for various proposed amendments to the City of Fairhope's Subdivision Regulations 5. Adjourn January 5, 2023 Planning Commission Minutes 1 The Planning Commission met Thursday, January 5, 2023, at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Lee Turner, Chairman; Rebecca Bryant, Vice-Chair; Art Dyas; Harry Kohler; Hollie MacKellar; Erik Cortinas, Building Official; Jack Burrell, City Council Liaison; Hunter Simmons, Planning and Zoning Manager; Michelle Melton, City Planner; Casey Potts, City Planner; Allie Knutson, Secretary; and Chris Williams, City Attorney. Absent: Clarice Hall-Black. Chairman Turner called the meeting to order at 4:59 PM. Approval of the Minutes December 5, 2022: John Worsham made a motion to approve the minutes as presented from the December 5, 2022, meeting. Harry Kohler seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, Art Dyas, John Worsham Harry Kohler, Clarice Hall-Black, Hollie MacKellar, and Councilman Burrell. NAY: None. Abstain: Erik Cortinas and Rebecca Bryant Chairman Turner announced that the Applicant had requested to withdraw Case SR 23.02, the Site Plan Review for Belle Vie, from the agenda and announced that Old/New Business would be moved to the front of the agenda. Old/New Business: SD 20.52 Laurelbrooke, Phase 1 and Phase 2 – Request of a 12-month extension to obtain final plat approval. Hunter Simmons, Planning and Zoning Manager, stated that the development was currently under construction and there had been some delays due to a large 86-inch oak tree being removed by mistake. He supported the request for the extension. Cathy Barnett with Dewberry was present. Motion: Councilman Burrell made a motion to approve the request for the 12-month extension. Art Dyas seconded the motion and the motion carried with the following vote: AYE: Lee Turner, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar, Erik Cortinas, and Councilman Burrell. NAY: None. Abstain: Rebecca Bryant. Storm Water Management Program Plan (SWMPP) review and approval. January 5, 2023 Planning Commission Minutes 2 Summary: Kim Burmeister, Code Enforcement, presented a 5-minute informational video. Art Dyas asked if the City was doing water quality testing. Mrs. Burmeister replied that the City is not, ADEM tests for swimming quality at some of the beach areas. The City was previously doing testing, but the certification had expired and was not currently being offered by staff at Week’s Bay. The testing is not mandatory, but is suggested for the City’s type of MS4. Christina Lejeune is interested in getting certified again when able. She was previously testing for pathogens. Art Dyas asked when ADEM does testing. Mrs. Burmeister replied that ADEM tests when there is ¾-inch of rainfall, or once a month. Chairman Turner clarified that SWMPP only applies within City limits. Mrs. Burmeister confirmed that was correct and that they do not have any authority for maintaining drains in the County. The County has their own MS4, and they meet with them more than once per year. Motion: Art Dyas made a motion to approve the renewal of SWMPP. Erik Cortinas seconded the motion and the motion carried with the following vote: AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar, Erik Cortinas and Councilman Burrell. NAY: None. Mr. Simmons announced that Erik Cortinas, the City’s Building Official, had joined the Planning Commission, filling the staff position. He also stated that Allie Knutson, Secretary, would no longer be employed with the City of Fairhope and that it would be her last Planning Commission Meeting. UR 23.01 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed directional boring of approximately 1,800 LF of fiber cable in the Parkstone Subdivision. Summary: Mr. Simmons showed a map of the proposed installation route and an aerial of the subject property. There is a new requirement with these installation permits that the Applicant will need to provide a video when working in the right-of-way where sewer lines are to ensure that lines have not been penetrated. Recommendation: Staff recommends approval of UR 23.01 subject to the following conditions: 1. A pre-construction meeting shall be held with the City prior to issuance of any permits. 2. Consultation with the City’s horticulturalist, to determine if the required depth of bore must be increased so that no trees are impacted by the project. The contractor is responsible for any damaged trees. 3. At all street crossing locations, conduct potholing to determine the exact location and elevation of existing utilities. Reflect the exact elevation of utilities and GPS coordinates of the pothole locations on a set of as-built drawings. a. An additional right-of-way permit may be required for the potholing procedures. January 5, 2023 Planning Commission Minutes 3 4. Follow-up activities below required by staff and the applicant: a. Upon satisfactory review and approval by ROW Construction Inspector, as-builts will be submitted to the mapping technician for inclusion in GIS utility maps as needed. 5. Provide draft door hanger for approval at time of pre-construction. 6. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work. 7. Ensure enough space for proposed work is available within existing easement, if not applicant is responsible for either expanding existing easement or acquiring an additional easement. 8. Applicant shall contact Alabama One Call to locate all existing utilities (750ft max per day). 9. Utilities boxes shall be concentrated near existing boxes. 10. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C, unless otherwise required by the Fairhope Building Department. Councilman Burrell stated that there was a discrepancy regarding the linear footage between the staff report and the agenda. Mr. Simmons replied that the correct amount should be 1,800. Erik Cortinas added that the Right-of-Way Ordinance only allows fees to be charged for what is inside the right-of- way, not in a private easement. The amount of 250 LF could be what is proposed for the City’s right-of- way. A representative from AT&T was not present. Motion: Councilman Burrell made a motion to approve Case UR 23.01, the installation of up to 1,800 LF, subject to staff’s conditions. Rebecca Bryant seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar, Erik Cortinas, and Councilman Burrell. NAY: None. SR 23.01 Request of the Applicant, Jade Consulting, LLC, acting on behalf of the Owner, FST Section Street Hospitality Group, LLC for Site Plan Approval of the Fairhope Hotel. The property is approximately .25 acres and is located at 158 N. Section Street. PPIN #: 112977 Summary: Mr. Simmons presented the case summary, showing the site plan, elevations, and renderings. Non‐residential buildings in the Central Business District shall be built to the right‐of‐way line. No side‐setback is required for non‐residential buildings in the Central Business District, except that corner lots shall have the same building line on the side street as in on the front street. Setback requirements are met. The building meets the 40’ height restriction of B‐2 within the Central Business District. Materials for the building are primarily painted stucco and wood siding with window shutters and decorative railings. A rooftop terrace is proposed on the roof of the proposed building. The provided plans meet the requirements of the Rooftop Terrace Ordinance. January 5, 2023 Planning Commission Minutes 4 Landscape plans were reviewed by the City Horticulturalist. The generator location coincides with a tree planting location. Either the generator or the tree will need to be relocated subject to Planning staff approval. Sidewalks are required to be a minimum of 8’ wide in the CBD. The Section Street sidewalk is 8’. The Oak Street sidewalk is 6’. The 8’ requirement can be reduced upon satisfactorily demonstrating to the City Council that the site constrains the sidewalk to the point that 8’ is not feasible. As proposed by the Applicant, there are fourteen units on site. While on‐street parking is encouraged in the CBD, parking is not required for non‐residential uses in the CBD. The Applicant proposes a total of 13 spaces to service the building – six on‐site spaces and seven parallel, on‐street spaces. Parking is provided behind the building and is screened from the public rights‐of‐way via fencing and plantings. Two existing, on-street parking spaces were removed for curb cuts. Overflow parking is expected to park at the Civic Center across Section Street. Fences are not proposed or required on site. There is an existing fence approximately 0.9’ from the eastern property line. One hundred forty‐four (144) feet of retaining wall are proposed along the eastern and southern property lines. The dumpster is proposed at the northeast corner of the site. It is screened by a masonry enclosure. All signs shall meet the City of Fairhope Sign Ordinance. ADA Requirements: All Federal, State, and local ADA requirements shall be met. A traffic study is not required for this project. Recommendation: Staff recommends conditional approval of Case SR 23.01 Fairhope Hotel with the following condition: 1. Relocation of either the generator or the conflicting tree, subject to Planning staff approval. The Owner, Jay Watkins was present along with Paul Marcinko with Jade Consulting. Paul Marcinko stated that they were agreeable to staff’s condition. Rebecca Bryant asked for clarification for dumpster access. Mr. Marcinko stated that the dumpster is on private property in an enclosure fronting the street. The garbage truck will use the driveway to pick it up. John Worsham asked if the pickup would take up a parking spot. Mr. Marcinko replied that it would, and it may need to be made an employee parking spot. Rebecca Bryant added that the renderings look beautiful and asked if anything had changed since the renderings were done as the east side looked like it had been changed. Jay Watkins responded that the stairway had been brought in on Oak Street, the renderings do not reflect doorways, and the arches had been enclosed with glass due to humidity and rain. Chairman Turner asked about meter boxes. Mr. Marcinko replied that the meters are on site. Mr. Simmons added that staff is satisfied with the locations of the meter boxes. Councilman Burrell stated that he likes the plan as well and asked if the outdoor grilling area on the rooftop would require a commercial hood. Mr. Watkins replied that it would not be a true kitchen space, January 5, 2023 Planning Commission Minutes 5 just an outdoor area and should not need a hood. Mr. Cortinas added that their plans may require sprinkler heads on the back side of the catering area. Motion: Councilman Burrell made a motion to recommend approval of Case SR 23.01 to City Council, subject to staff’s condition. Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar, Erik Cortinas, and Councilman Burrell. NAY: None. SD 23.02 Public hearing to consider the request of the Applicant, Jade Consulting, LLC, acting on behalf of the Owner, FST Section Street Hospitality Group, LLC, for Preliminary Approval of the Fairhope Hotel, a 14-unit Multiple Occupancy Project (MOP). The property is approximately .25 acres and is located 158 N. Section Street. PPIN #: 112977 Summary: Mr. Simmons presented the case summary, showing the site, plat, elevations, and renderings. All connections and work in ALDOT right-of-way will require permitting from ALDOT. Water will connect to an existing 8” line along Oak Avenue. The final location of the water meters shall be approved by the Water Superintendent. The fire protection line needs to be shown on plans. The 6” water line needs to show where it is intended to be servicing as well as be labeled on the plans. Sewer will gravity feed to an existing sanitary sewer manhole to the north of the subject property. Power will run underground from the building to an existing line located along the eastern side of Section Street. Gas is available along Oak Avenue. Communications will be provided by AT&T. Trash pickup will be via dumpster located at the northeast corner of the subject property. A traffic study was not required. The developer is proposing to relocate the S‐1 inlet top located at the southwest corner of the property. On site, two 8” HDPE roof drains will convey stormwater to the alley. Landscape plans were reviewed by the City Horticulturalist. The generator location coincides with a tree planting location. Either the generator or the tree will need to be relocated subject to Planning staff approval. As proposed by the Applicant, there are fourteen units on site. While on‐street parking is encouraged in the CBD, parking is not required for non‐residential uses in the CBD. The applicant proposes a total of 13 spaces to service the building – six on‐site spaces and seven parallel, on‐street spaces. Parking is provided behind the building and is screened from the public rights‐of‐way via fencing and plantings. Two existing, on‐street parking spaces were removed for curb cuts. Overflow parking is expected to park at the Civic Center across Section Street. Sidewalks are required to be a minimum of 8’ wide in the CBD. The Section Street sidewalk is 8’. The Oak Street sidewalk is 6’. The 8’ requirement can be reduced upon satisfactorily demonstrating to the City Council that the site constrains the sidewalk to the point that 8’ is not feasible. The proposed sidewalks are constructed with pavers. January 5, 2023 Planning Commission Minutes 6 Drainage work will need to be relocated, some Aid to Construction costs are still being worked out. Recommendation: Staff recommends approval with the following conditions. 1. Approval of SR 23.01 Fairhope Hotel Site Plan. 2. The fire protection line shall be shown in the plans. 3. The 6” water line shall show where it is intended to be servicing and be labeled on the plans. Chairman Turner stated that the project fit well with the Comprehensive Plan, but that two public parking spaces were going to be taken. He asked if other municipalities gave up public parking spaces as easily and suggested having Applicants pay to be able to take up parking spaces. Mr. Simmons replied that the CBD does not require parking for non-residential uses and does not require setbacks. The fee idea would be something to look into because there is public parking being taken away. The Parking Committee that Mr. Worsham heads has goals that align with that idea. Chairman Burrell asked to have a discussion regarding parking with Chairman Turner and Mr. Worsham and stated that the project will be adding more spaces than are being taken away. Rebecca Bryant asked if the dumpster could be located on the south side. Mr. Watkins replied that they had not considered that, and that the dumpster location may be an ongoing evaluation although the current location provides easy access. Mr. Simmons added that there are no parking meters downtown and a car could be parked next to the dumpster for days, not allowing pickup. Chairman Turner suggested installing a sign that states that parking in that spot is not allowed during garbage pickup hours. Hollie MacKellar stated that the project was similar to the Collegiate Hotel in Auburn and asked if valet parking had been considered. Mr. Watkins replied that valet parking was part of the plan when there are events like the Arts and Crafts Festival and Mardi Gras. Chairman Turner opened the public hearing. Having no one present to speak, the public hearing was closed. Motion: John Worsham made a motion to approve Case SD 23.02, subject to staff’s conditions. Councilman Burrell seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar, Erik Cortinas and Councilman Burrell. NAY: None. SD 22.25 Public hearing to consider the request of the Applicant, Seth Moore with Moore Surveying, Inc., on behalf of the Owner, FST Ellenberg, John W. Etux Belinda W., for Plat Approval of Ellenberg Place, a 2-Lot Minor Subdivision. The property is approximately 5.04 acres and is located on the south side of Morphy Avenue, 0.9 miles west of County Road 13. PPIN #: 14689 Summary: January 5, 2023 Planning Commission Minutes 7 Casey Potts, City Planner, presented the case summary, showing an aerial of the property and the proposed plat. The drainage conveyance system existing on site was modified in 2022 without staff’s review or approval. Both Planning and Building staff made site visits and contacted the Corps of Engineers to discuss the changes. The Corps of Engineers confirmed that the drainage ditch modification was not in violation. However, due to the drainage ditch relocation, staff requested a drainage easement be shown along PPIN 101012, the adjacent parcel to the west of proposed Lot 2. The easement shall be shown on the plat and approved by Planning Staff. The Applicant requested two waivers from the Subdivision Regulations – a sidewalk installation waiver and a wetland buffer signage waiver. 1. Sidewalk Installation Waiver: Staff is amenable. An adjacent minor subdivision, Walker Place, was approved in 2020 with said waiver. 2. Wetland Buffer Signage Waiver: Staff is not amenable. Wetland buffer signs will be installed along all wetlands on site and be verified by Code Enforcement. The Plat shall not be signed until the buffer signage is installed and verified. The two lots are within 450 feet of a fire hydrant, front on a publicly maintained road, and meet the lot size requirements. All lots shall only be accessed via Morphy Avenue. The final plat must be recorded within 120 days after the date of final approval. Recommendation: Staff recommends approval of SD 22.25 Ellenberg Place Minor Subdivision minor subdivision with the following conditions: 1. Wetland buffer signs shall be installed and verified by Code Enforcement prior to plat signature by the Planning Department. 2. Drainage discharge easement shall be added to PPIN 101012, subject to staff approval. The Applicant, Seth Moore, was present. Chairman Turner asked about existing sidewalks and stated that he had been talking to Richard Johnson, Public Works Director, about filling in sidewalks with Fairhope Single Tax. Seth Moore replied that there is an existing residence on the front lot and usually sidewalks would be installed during construction. Chairman Turner stated that Morphy Avenue is the last major road that does not have sidewalks Mr. Moore asked Mrs. Potts to clarify the drainage easement condition. Mrs. Potts showed the plans and stated that it needed to extend past the property line because of the drainage work that was done. Chairman Turner opened the public hearing. Having no one present to speak, the public hearing was closed. Erik Cortinas stated that both Planning and Building staff walked the site and Mr. Cortinas spoke with the Corps of Engineers to ask about the drainage easement. A drainage easement was connected from an upper jurisdictional wetlands to a lower one, which COE did not see as a negative. The wetland buffer January 5, 2023 Planning Commission Minutes 8 signs are needed so work will not be done inside the buffer. Installing the signs so that area is delineated is helpful, so problems do not need to be corrected later. Chairman Turner asked if there was an existing sidewalk easement, Mr. Moore stated there was an existing easement. Councilman Burrell suggested making it a condition of approval that a sidewalk must connect across the property if ever built on the East or West side of the subject property. Mr. Simmons replied that the condition would be difficult to enforce. Chairman Turner added that the property owners are paying Fairhope Single Tax dues which can fund sidewalk installation. Mr. Simmons stated that there were internal discussions being had for “in lieu of” fees for not installing sidewalks. Councilman Burrell asked if the two lots could be further subdivided. Mrs. Potts confirmed that the lots could be subdivided again into a maximum of two more lots. Mr. Moore added that it would probably require roads and that there are a lot of wetlands. Councilman Burrell replied that there needed to be stricter restrictions for minor subdivisions being subdivided again, Motion: Art Dyas made a motion to approve Case 22.25, subject to staff’s conditions, plus an added condition: 1. Wetland buffer signs shall be installed and verified by Code Enforcement prior to plat signature by the Planning Department. 2. Drainage discharge easement shall be added to PPIN 101012, subject to staff approval. 3. Reflect the sidewalk easement on the plat. John Worsham seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar, Erik Cortinas and Councilman Burrell. NAY: None. SD 22.30 Public hearing to consider the request of the City of Fairhope’s Planning and Zoning Department, to accept Resolution 2022-06 for various proposed amendments to the City of Fairhope’s Subdivision Regulations. Summary: Mr. Simmons stated that there were no amendments proposed for this meeting. Staff plans to redline the Subdivision Regulations and contact Commissioners before the February meeting. Adjournment John Worsham made a motion to adjourn, and the motion carried unanimously with the following vote: AYE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, John Worsham, Hollie MacKellar, Erik Cortinas, and Councilman Burrell. NAY: None. Adjourned at 6:17 p.m. _______________________ ________________________ Lee Turner, Chairman Allie Knutson, Secretary This digital package has been condensed for size and some documents may not contain all the original pages. All submittals were reviewed in full by staff in preparation for the reports prepared for the Planning Commission. 1 UR 23.02 Mediacom – February 6, 2023 2 UR 23.02 Mediacom – February 6, 2023 Summary of Request: Request of Mediacom for an 11.52.11 Utility Review and approval of the proposed installation of approximately 13,605 linear feet of buried fiber along routes outlined on the below location map. 3 UR 23.02 Mediacom – February 6, 2023 4 UR 23.02 Mediacom – February 6, 2023 1. Citizen Communication & Notification • Provide Door Hangers at preconstruction meetings which shall be approved prior to distribution and work. • Use of portable A-frame style signage at the entrance and exit of work sites. • Applicant shall dedicate a Point of Contact to answer citizens questions. 2. Permitting, Locating & Phasing • Subsurface Utility Engineering may be required for sensitive locations within the city as required by the ROW supervisor. • An additional right-of-way permit may be required for the potholing procedures needed for SUE. • A traffic control plan shall be submitted with all permits that affect the flow of traffic. • No work shall begin until a ROW permit is issued by the City of Fairhope Building Department. Permit not valid until approved and paid for on Citizen Serve online portal. • The City’s ROW inspector is to be notified 24 hours prior to any activity within the ROW. The prior notice applied to all activity within the ROW including but not limited to trenching, boring, concrete placement. • Hand holes/boxes shall not be allowed to be installed in sidewalks. The applicant shall review the sidewalk plan to determine if there are any conflicts. The applicant shall coordinate with the ROW inspector to resolve any conflicts. • The applicant shall contact Alabama One Call 811 to locate all existing utilities in the ROW (750 LF maximum daily allocation for COF utility locates per day). • A phasing plan must be submitted with the permit to alleviate confusion for locating. • A pre-construction meeting shall be held with the City prior to issuance of any permits. 3. Construction • A minimum horizontal clearance (separation) of 36” must be maintained from water, sewer, gas, stormwater, and other city utility infrastructure. • A minimum depth for all telecommunication lines shall be 30”. • Conduit shall match the 811-color code for communication, electric, gas etc. No blue/blue striped conduit is to be used for telecommunications. • The contractor responsible for *excavating inside right of way will be required to provide video documentation of the integrity of any sanitary sewer line (including laterals) within 3 feet of work being performed. This can be videoed prior to work being performed if locations, including depths, are clearly established by contractor, and said work is not within 3 ft of sewer mains or laterals within right of way. This does not apply to laterals on private property not “publicly maintained” (Private infrastructure). • Water, sewer, and gas mains/services must be potholed prior to bore/missile crossings. If street cuts are necessary please contact Right of Way inspector for restoration. • If sidewalk panels need to be removed, the subgrade must be compacted to the satisfaction of the ROW inspector. Cold patch asphalt shall be used as a temporary walking surface until the permanent repair can be done. • Sidewalk panels shall be a minimum of 4000 psi and be inspected within 24 hours of pouring concrete. Anything over one sidewalk panel shall be poured via concrete truck (no bag mix allowed). 5 UR 23.02 Mediacom – February 6, 2023 4. Horticultural • Handholes shall not be located within driplines of trees within City property, to include the right of ways, without explicit written permission from the City Horticulturalist. • Any proposed trenching shall not be within the dripline of trees. • If within tree dripline, consult the City of Fairhope Horticulturist prior to earth work. • Trees shall not be negatively impacted. • Consultation with the City’s horticulturalist, to determine if the required depth of bore must be increased so that no trees are impacted by the project. The contractor is responsible for any damaged trees. • Any work done within the critical root zone shall be done to meet or exceed Internal Society Arboriculture (ISA) standards. • All roots to be removed shall be severed cleanly at the perimeter of the protected radius. • Protective barriers shall be used for all trees, barricades shall be erected a minimum of 20’ from the trunk. 5. Erosion Control • Any ROW cuts shall be stabilized (covered) at the end of each day & disturbed areas shall be re-vegetated with sod within ten (10) days of completion of the project. Sod shall be watered to ensure survival. • Any excess soil shall be removed and disposed of properly. Dumping on private property without approval will not be tolerated. • Mulch / seed shall only be acceptable as temporary cover. • Inlets shall be protected. BMPs shall be placed at all affected storm inlets. • If the site is within 100' of a critical area (wetland, etc.), red soil/clay shall not be allowed as fill material, per the City’s Red Clay/Soil Ordinance. • BMPs shall be installed at boring sites and trench locations. • Ground conditions in the ROW’s shall be returned to original preconstruction condition(s) or better. • No open trenches shall be allowed. Directional boring shall be used in sensitive areas, such as under roads, in proximity to trees, on finished lots, etc. • 6. Project Completion, Punch List Walk, & As Built • The applicant shall provide as-built drawings of all installed lines depicting depths. • Damage to any City’s infrastructure (storm, sewer, water, ditches etc. shall be the responsibility of the permittee to repair to city standards at no cost to the city. • Any damage that occurs needs to be reported to the city as soon as possible. • Pedestals shall be placed in a manner as to avoid obstructing visibility of motorists and to allow vehicles to exit the roadway during an emergency. 6 UR 23.02 Mediacom – February 6, 2023 7. Staff Recommendation • The proposed utility construction falls within the corporate limits of the City of Fairhope. Any portions of the project affecting public right-of-way (ROW) maintained by Baldwin County or the Alabama Department of Transportation (ALDOT) shall require permits through the respective agency. • This site shall comply with all State, Federal and local requirements, including, but not limited to the following City of Fairhope Ordinances: i. City of Fairhope Wetland Ordinance (#1370), which regulates activity within 20' of wetlands. ii. City of Fairhope Red Soil & Clay Ordinance (#1423), which prohibits the use of red soil / clay within 100' of critical areas. iii. City of Fairhope Erosion and Sediment Control Ordinance (#1398). iv. Chapter 19 Article VI: ROW Construction and Administration, Ordinance (1754) v. City of Fairhope Tree and Landscape Ordnance (#1444) • Staff Recommendation: Approval with Conditions of UR 23.02 STATE HWY 104STATE HWY 181STATE HWY 181City of FairhopePlanning Commission February 6, 2023 ¯STATE HWY 181STATE HWY 181ZC 23.01 - Kleban Annexation to B-2 Legend Roads Parcels Corporate LimitsZoning Classification B-2 - General Business District PUD - Planned Unit Development R-1 - Low Density Single-Family Planning Jurisdiction ^ Project Name: Kleban Annexation to B-2Site Data: 1.1 acresProject Type: AnnexationJurisdiction: N/AZoning District: UnzonedPPIN Number: 77558General Location: North of State Highway 104, East of State Highway 181Surveyor of Record: N/AEngineer of Record: N/AOwner / Developer: Kenneth KlebanSchool District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Prepared by: µ µ Approval Casey Potts 1                                                                                                                 ZC 23.01 PPIN# 77558 – February 6, 2023  Summary of Request:    Applicant, Kenneth Kleban, on behalf of the developer, FST And Encounter Development, LLC, is requesting to  establish an initial zoning of B‐2, General Business District, concurrent with conditional annexation into the  City of Fairhope. The property is approximately 1.16 acres and is located near the northeast corner of State  Highway 181 and State Highway 104.     Comments:  The subject property is currently outside the City of Fairhope’s municipal boundary and zoned RA (Rural  Agriculture District) by Baldwin County in District 37.          The property is bordered on all sides by property zoned B‐2 within the City of Fairhope municipal limits. The  subject property is located across the street from the Publix development and to the south of the approved  Harvest Green and Rockwell Place projects.     According to the 2015 Comprehensive Plan, a node is located at the intersection of Alabama Highways 181  and 104. A B‐2 zoning designation would be consistent with the existing zoning districts present within this  node.      Important to note, this is a straight re‐zoning request and does not include a site plan for intended uses.  Future  uses, if approved, shall meet the Fairhope Zoning Ordinance requirements.      The Zoning Ordinance defines B‐2 General Business District as follows:    2                                                                                                                 ZC 23.01 PPIN# 77558 – February 6, 2023  “B‐2 General Business District: This district is intended to provide opportunity for activities causing noise and heavy  traffic, not considered compatible in the more restrictive business district. These uses also serve a regional as well as a  local market and require location in proximity to major transportation routes. Recreational vehicle parks, very light  production and processing activities are included.”    A copy of the Zoning Ordinance’s Use Table, highlighting allowable uses in B‐2, is attached within the packet.      Criteria – The application shall be reviewed based on the following criteria:  (1) Compliance with the Comprehensive Plan;  Response:   Meets    (2) Compliance with the standards, goals, and intent of this ordinance;  Response: Applicant intends to annex into the City of Fairhope and fall under the City’s development  guidelines.       (3) The character of the surrounding property, including any pending development activity;  Response: Meets    (4) Adequacy of public infrastructure to support the proposed development;  Response: This is a re‐zoning request, without a Site Plan review.  Future projects within the subject property  shall ensure adequate public infrastructure.        (5) Impacts on natural resources, including existing conditions and ongoing post‐development conditions;  Response: Staff does not anticipate an issue at this time.     (6) Compliance with other laws and regulations of the City;  Response: At the time of any development all applicable laws of the City will be applied.  If granted, any use  within B‐2 zoning will be allowed ‘by right’.    (7) Compliance with other applicable laws and regulations of other jurisdictions;  Response: At the time of a development all applicable laws will be applied.    (8) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and  property values; and,  Response: Staff does not anticipate any significant issues relating to this criterion at this time.     (9) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical  impacts, and property values.  Response: Staff does not anticipate any significant issues relating to this criterion.       Recommendation:  Staff recommends Case:  ZC 23.01, PPIN# 77558, be approved with an initial zoning of B‐2 General Business  District.   LEASE BALDWIN COUNTY, ALABAMA I'-=> HARRY D'OLIVE , JR. PROBATE JUDGE ~ Filed/cert. 9/20/2022 3:56 PM :.;;: DEED TAX $ 2.50 MINERAL TAX $ 1.00 ..s:-, TOTAL $ 22.50 c::,, 3 Pages ~ llll li~~fli~i.~~i~.111111 THIS LEASE, MADE THIS -~]6~'h __ DAY OF __ S=e~p~t=em=b~e~r-___lQn__, BY AND BETWEEN FAIRHOPE SINGLE TAX CORPORATION, "LESSOR", OF FAIRHOPE, BALDWIN COUNTY, ALABAMA, AND~---~----- Encounter Development, LLC -an Alabama Limited Liability Company _______________ OF ___ F_ai_rh_o~p_e_, A_L_~HEREINAFTER DESIGNATED AS THE "LESSEE." WITNESSETH: THAT THE SAID FAIRHOPE SINGLE TAX CORPORATION; FOR AND IN CONSIDERATION OF THE ANNUAL RENTALS AND COVENANTS HEREINAFTER SET FORTH HAS THIS DAY LEASED TO AND SAID LESSEE TAKEN POSSESSION OF THE FOLLOWING DESCRIBED PARCEL OF LAND, TO WIT: SEE ATTACHED EXHIBIT 'A' FOR THE TERM OF NINETY-NINE (99) YEARS FROM THIS DATE SUBJECT TO THE TERMS, CONDITIONS AND COVENANTS HEREIN STATED. PROTECTIONS INDICATED FOR MORTGAGEE(S) WILL BE ENFORCED IF MORTGAGE INSTRUMENTS ARE RECORDED IN PROBATE. ' • (1) The Lessee shall pay to the Fairhope Single Tax Corporatioo, its successors or assigns, in equal payments, on the first days of January and July each year, the rental value of said land to be determined by the corporation through its Executive Council, under its avowed principle of so fixing the rentals of its lands as to equalize the varying advantage of location and natural qualities of different tracts and convert into the treasury of the Corporation all values attaching to , such lands. If the Lessor receives information which causes the Lessor to believe the appraised value and/or taxes on the leased J)roperty will be different than those that had been predicted, the Lessor may submit a corrected bill for rent which more accurately takes account of the likely appraised value and/or taxes, and the Lessee shall be obligated to pay this bill within 30 days afte r the date of the bill. The lessee hereby expressly agrees that the rent shall be determined by the Corporation upon the principle stated, and shall be ·expended by the Corporation, subject to the conditions hereinafter stated. (2) Lessee agrees not to authorize or permit any nuisance in the leasehold land, to comply with any applicable law s and ordinances of the City of Fairhope, County of Baldwin, and State of Alabama, and further agrees that the Lessee will, by no act Or omission to act, render Lessor liable for any violation of such city laws or ordiaanCes or county or state laws. (3) In consideration of the agreement of the Lessee to pay the rentals herein provided, the Fairhope Single Tax Corporation will pay all taxes upon the land leased and the improvements and personal property (moneys and credits excepted) held by Lessee upon the land herein leased; or will accept from the Lessee on rent, receipts of tbe taxing authorities, for taxes paid to State, County, School Districts, or City upon the improvements and personal property (moneys and credit excepted) held by Lessee upon the land herein leased or if all rent due be paid, will give a certificate in amount equal to such acceptable tax receipts remaining. receivable from bearer at face value on rent, or in discharge of any indebtedness to the Corporation ; provided that the Lessee will appoint whomsoever may be designated by the Corporation as lessee's agent to return Lessee's property for taxation where permitted by law so to do; that in no event shall the Corporation be bound to accept tax receipts on more than a fair assessed valuation of the property, on the basis required by law, or to a greater amount for any year than the re nt for that year on the land on which such improvement"-and personal property are held . . (4) The Fairhope Single Tax Corporation agrees in consideration of the covenants of said lease herewith evidenced, that no part of the rents paid by Lessee upon the ·1and herewith leased, shall be appropriated as dividends to its members or any other persons, but that a ll shall be administered as a trust fund for the equal benefit of those leasing its lands. (S) The Corporation further agrees, that in the distribution of the benefits which its purpose is to secure for residents upon its lands, no distinction shall be 'made between individuals who are members of the Corporation, with the exception of the right of members as participants in the government of the Corporation; all shall be treated with strict equality. (6) It is mutually agreed that time is of the essence of this lease. In the event Lessee shall fai l to pay rent when same is due or vio late any of the other conditions of this lease and said breach remains uncorrected for a period of(90) days, Lessor may declare a default and give written notice thereof by registered mail, or its equivalent, to Lessee and to any mortgagee (of the improvements of the leased land) at the last address of such mortgagee known to Lessor and will add interest on said rent payment from due date, not to exceed the then legal interest rate declared by the State of Alabama; the Lessor shall have a lien for the rent and the interest thereon to the date of reinstatement of the lease or sale as herein provided, which ever last occurs. In the event lessee fails to correct a rent deficiency within 90 days of any breach thereof, Lessor agrees to notify mortgagee and/or Lessee by registered mail, at the last known address provided to the Corporation, of such default and Lessor hereby grants to mortgagee and/or lessee 60 days beginning from the date of such notice, to cure Lessee's default. Further, the mortgagee and/or lessee will be given 30 days' written notice of the time, place, and terms of sale of the property. In such event, the Lessor reserves the right (and Lessee agrees) at the Lessor's option to re-enter the leased land; sell said mortgaged improvements, and to .take possession of the leasehold. Said sale shall be held at public sale at the front door of the Baldwin County Courthouse in Fairhope, Alabama, for cash to the highest bidder, after giving 30 days written notice of the time, place, and terms of sale together with a description of the property to be sold by publication once a week, for three consecutive Weeks, in a newspaper of general circulation in Fairhope, Alabama, and Lessor, its agent oi3ttorney, may conduct such sale and execute in the name of the Lessee proper conveyance of the property to the purchaser. The proceeds of said sale shall apply first to the payment of the cost of said sale, including a reasonable attorney's fee, second to th e payment of the amount of said indebtedness (including a reasonable attorney's fee) and interest which is secured by mortgages, to the holders thereof, third to the payment of any indebtedness to the Corporation, and the balance, if any, to be paid to the Lessee. The sale of the improvements by the foregoing procedure shall terminate all rights under this lease. However, the purchaser at such sale, at purchaser's option, may remove any improvements on the land within a reasonable time. The remedies contained herein are not exclusive and the Lessor reserves thC right to pursue any remedies available to it at law. In such event, the Lessor shall be entitl ed to recover a reasonable attorney fee. Any and all expenses associated with any deficiency, notices, mailings, collection efforts, etc. become the responsibility and obligation of the Lessee. (7) The Fairhope Single Tax Corporation ~grees that in case of its dissolution, either by voluntary act of its members or otherwise, and the division of its assets among its members, the Lessee, ifa member, shall be entitled to have the land herein described and leased-or so much ofit as the lessee may designate-included in the lessee's portion, at its actual va lue at the time, exclusive of improvements thereon, and if it exceeds in value such portion, to purchase the excess at such valuation. If not a member, the Lessee may at such time acquire title to the land herein leased by paying to the Corporation its actual value exclusive of improvements upon it. (8) The Fairhope Single Tax Corporation believes it s title to the lands herein leased to be good, and will use every proper means in its power to maintain the same; but it is distinctly understood that the Corporation, acting only with the benevolent purpose to secure land and administer it for the benefit of those who may desire its use, shall not be held liable for any losses resulting from defects in its title. (9) The Fairhope Single Tax Corporation reserves the right to resume possession of all or any portion of the land herein described, for public purposes only, on payment of the appraised value of the improvements thereon. The terms of this paragraph do not apply during the time a mortgage exists on the leasehold interest and the improvements thereon. FSTC9/09 This document prepared by Fairhope Single Tax Corporation 336 Fairhope Avenue Page I of2 1, Exhibit"A" Attached to and made a part of the Lease by and between Fairhope Single Tax.Corporation and Encounter D~opment, LLC Section 2. Township 6 South, Range 2 East EXHIBIT 'A' BEGINNING AT THE NORTHEAST CORNER, OF THE SOUTHWEST QUARTER, OF THE SOUTHWEST QUARTER, OF SECTION 2, TOWNSHIP 6 SOUTH. RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; THENCE RUN S00"03'56"W, 1,286.06 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF ALABAMA STATE HIGHWAY NUMBER 104; THENCE RUN N89"56'13"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, 1,145.45 FEET TO A POINT; THENCE RUN N43"51'21"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, 71.63 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF ALABAMA STATE HIGHWAY NUMBER 181; THENCE RUN N00"17'32"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 380.07 FEET TO A POINT; THENCE RUN S89"41'48"E, LEAVING SAID EAST RIGHT-OF-WAY LINE, 185 .70 FEET TO A POINT; THENCE RUN N01"26'54"W, 181.11 FEET TO A POINT; THENCE RUN N89"37'20"W, 150.19 FEET TO A POINT ON SAID EAST RIGHT-OF-WAY LINE OF ALABAMA STATE HIGHWAY NUMBER 181; THENCE RUN N00"17'32"E, ALONG SAID EAST RIGHT-OF- WAY LINE, 23.71 FEET TO A POINT; THENCE RUN N44"42'28"W, ALONG SAID EAST RIGHT- OF-WAY LINE, 42.43 FEET TO A POINT; THENCE RUN N00"17'32"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 620.29 FEET TO A POINT; THENCE RUN S89'53'51"E, LEAVING SAID EAST RIGHT-OF-WAY LINE, 1,190.25 FEET TO THE POINT OF BEGINNING. CONTAINING 34.41 ACRES± AND LYING IN SECTION 2. TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. LANDS OF THE FAIRHOPE SINGLE TAX CORPORATION. 46-01-02-0-000-001-510 AND COMMENCE AT THE NORTHWEST (NW) CORNER OF THE SOUTHWEST QUARTER (SW ¼) OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 2 EAST, ST. STEPHENS MERIDIAN, BALDWIN COUNTY, ALABAMA, AND RUN THENCE SOUTH 00° 07' WEST, ALONG SAID SECTION LINE, A DISTANCE OF 2004.7 FEET TO A POINT; THENCE RUN NORTH 89° 52' EAST, A DISTANCE OF 165.98 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF ALABAMA STATE HIGHWAY NO. 181 FOR A POINT OF BEGINNING; THENCE CONTINUE NORTH 89° 52' EAST, A DISTANCE OF 149.02 FEET TO A POINT; THENCE RUN SOUTH 02° 04' EAST, A DISTANCE OF 181.09 FEET TO A POINT; THENCE RUN SOUTH 89° 52' WEST, A DISTANCE OF 195.91 FEET, MORE OR LESS, TO A POINT ON THE AFOREMENTIONED EAST RIGHT-OF-WAY; THENCE RUN NORTH 00° 15' 37" EAST, ALONG SAID RIGHT-OF- WAY, A DISTANCE OF 124.83 FEET TO A POINT; THENCE RUN NORTH 45° 12' 00" EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 42.49 FEET TO A POINT; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY, RUN NORTH 00° 17' 32" EAST, A DISTANCE OF 26.29 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. TRACT CONTAINS 0.73 ACRES, MORE OF LESS, AND LIES IN THE SOUTHWEST QUARTER (SW ¼) OF THE SOUTHWEST QUARTER (SW ¼) OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. LANDS OF THE FAIRHOPE SINGLE TAX CORPORATION. 46-01-02-0-000-001. 509 EXHIBITB INITIAL OFFICERS OF THE COMPANY 1. Kenneth M. Kleban, President 2. Scott Delaney, Vice President 3. Evan Kleban, Secretary 4. Michael Delaney, Treasurer Exhibit B-Operating Agreement-Encounter Development, LLC EXHIBITC PROPERTY Commence at the Northeast corner of the SW 1/4 of the SW 1/4 of Section 2, Township 6 South, Range 2 East, Saint Stephens Meridian for a POINT OF BEGINNING; thence run W, along the North line of the SW 1/4 of the SW 1/4 of said Section 2 for 1,198 feet, more or less, to a point on the East Right of Way of Alabama Highway 181; thence run S 00°17'55" West for 621.75 feet; thence continuing along said Right of Way, run S 44'42'28" E for 42.43 feet; thence continuing along said Right of Way, run S 00'17'32" W for 23.71 feet to a point on the North line of a parcel leased to Colony Fence Company; thence run N 89°52' E, along Colony Fence parcel, for 149.02 feet, more or less; thence run S 02'04' E, continuing along Colony Fence parcel, for 181 .09 feet; thence continuing along Colony Fence parcel run S 89'52' We for 185.91 feet, more or less, to a point on the East right of way of said Alabama Highway 181; thence run along said right of way S 00°17'32" W, for 380.07 feet; thence continuing along said right of way run S 43'51'20" E for 71.63 feet to a poin on the N right of way of Alabama Highway No. 104; thence run E, along the N right of way of Alabama Highway 104, for 1,173 feet, more or less; thence run N along the E line of the SW 1/4 of the SW 1/4 of said Section 2 for 1,292 feet, more or less to the P.O.B. Tract lies in Section 2, T6S, R2E, Baldwin County, Alabama, lands of the Fairhope Single Tax Corporation. Exhibit C -Operating Agreement-Encounter Development, LLC Legal Description of the property. COMMENCE AT THE NORTHWEST (NW) CORNER OF THE SOUTHWEST QUARTER (SW ¼) OF SECTION 2. TOWNSHIP 6 SOUTH, RANGE 2 EAST, ST. STEPHENS MERIDIAN, BALDWIN COUNTY, ALABAMA, AND RUN THENCE SOUTH 00° 07' WEST, ALONG SAID SECTION LINE, A DISTANCE OF 2004.7 FEET TO A POINT; THENCE RUN NORTH 89° 52' EAST, A DISTANCE OF 165.98 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF ALABAMA STATE HIGHWAY NO. 181 FOR A POINT OF BEGINNING; THENCE CONTINUE NORTH 89° 52' EAST, A DISTANCE OF 149.02 FEET TO A POINT; THENCE RUN SOUTH 02° 04' EAST, A DISTANCE OF 181.09 FEET TO A POINT; THENCE RUN SOUTH 89° 52' WEST, A DISTANCE OF 195.91 FEET, MORE OR LESS, TO A POINT ON THE AFOREMENTIONED EAST RIGHT-OF-WAY; THENCE RUN NORTH oo· 15' 37" EAST, ALONG SAID RIGHT-OF- WAY, A DISTANCE OF 124.83 FEET TO A POINT; THENCE RUN NORTH 45° 12' 00" EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 42.49 FEET TO A POINT; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY, RUN NORTH oo· 17' 32" EAST, A DISTANCE OF 26.29 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. TRACT CONTAINS 0. 73 ACRES. MORE OF LESS, AND LIES IN THE SOUTHWEST QUARTER (SW ¼) OF THE SOUTHWEST QUARTER (SW¼) OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. LANDS OF THE FAIRHOPE SINGLE TAX CORPORATION. 46-01-02-0-000-001.509 BI GC A N O E R U N POWDERHORNRIDGERDMOUNTPLEASANTBLVD BI GCANOER U N SAND BAR LN F A L L I N G WATERBLVD FALLINGWATER B LV D STATE HWY 104 COUNTRYWOODS DRCOUNTY RD 13CASTLANDSCT PADDLECREEK LOOP LEAVIE L N City of FairhopePlanning Commission February 6, 2023 ¯ FALLINGW A T E R BLVDPOWDERHORNRIDGE RDMOUNTPLEASANTBLVDPADDLECREEKLOOP LEAVIE LN SD 23.05 - North Hills Phase 2, Final Legend Roads Parcels Corporate LimitsZoning Classification B-2 - General Business District PUD - Planned Unit Development R-1 - Low Density Single-Family R-2 - Medium Density Single-Family Planning Jurisdiction ^ Project Name: North Hills Phase TwoSite Data: 49.30 acresProject Type: 63-Lot Major SubdivisionJurisdiction: Fairhope Planning JurisdictionZoning District: R-1PPIN Number: 98367General Location: North of State Highway 104, East of County Road 13Surveyor of Record: DewberryEngineer of Record: DewberryOwner / Developer: North Hills at Fairhope LLCSchool District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Prepared by: µ µ Approval with Conditions Casey Potts 1     SD 23.05 North Hills at Fairhope, Phase Two – February 6, 2023  North Hills at Fairhope, Phase Two  Summary of Request:  The owner is North Hills at Fairhope, LLC. The engineer and applicant is Dewberry Engineers. This application  is for a 63‐lot subdivision located on the north of US HWY 104, north of and adjacent to North Hills at  Fairhope, Phase One. Subject property is zoned R‐1 and is within the City of Fairhope municipal limits. The  preliminary plat was approved at the October 2018 Planning Commission meeting (Case number SD 18.35).  Excerpts of the site data table is included below:  Punch List:  ‐ Two chimney seals and one rain stopper have not been installed. The materials have been delivered to  the contractor and installation is pending.  ‐ All fire hydrant road markers have not been installed. An invoice has been provided.   ‐ Aerator installation is pending the installation of power services. Invoice has been provided.   Waiver Request:   Speed humps have not been installed per the approved Preliminary Plat design. The applicant is requesting a  waiver from this requirement. The applicant states that the traffic calming devices are not needed based on  the distances from nearest intersections and stop signs. They propose the installation of two additional  speed limit signs in lieu of the preliminary plat requirement. Per the developer, as of January 20, 2023, the  additional speed limit signs have been ordered and shall be installed promptly.  Comments:  ‐ Final plat must be recorded within 120 days after the date of final approval.  The City of Fairhope Subdivision Regulations contain the following criteria in Article V.B.2. Approval Standards.  “2. Consistency with Plans, Regulations and Laws ‐ The Planning Commission shall not approve the  subdivision of land if the Commission makes a finding that such land is not suitable for platting and  development as proposed, due to any of the following:  a.The proposed subdivision is not consistent with the City’s Comprehensive Plan, and/or the City’s Zoning ordinance, where applicable; 2    SD 23.05 North Hills at Fairhope, Phase Two – February 6, 2023 Meets b.The proposed subdivision is not consistent with the City’s Comprehensive Plan or any other plan or program for the physical development of the City including but not limited to a Master Street Plan, a Parks Plan, a Bicycle Plan, a Pedestrian Plan, or the Capital Improvements Program; Meets c.The proposed subdivision is not consistent with these Regulations; Meets d.The proposed subdivision is not consistent with other applicable state or federal laws and regulations; Meets e.The proposed subdivision otherwise endangers the health, safety, welfare or property within the planning jurisdiction of the City.” Meets Follow‐Up Activities Required by Staff and the Applicant:  Copy of the recorded plat Copy of the recorded O&M Agreement Maintenance and Guaranty (M&G) Agreement executed by the developer – this document is not considered fully executed until the Mayor signs said agreement. o Remember to include the instrument # from the recorded plat o Please include 30 days in paragraph 3 Recommendation:  Staff recommends approval SD 23.05 North Hills at Fairhope, Phase Two final plat with the following  conditions:  1.Installation of the remaining punch list items. 2.Complete required follow up activities. POINT OFBEGINNINGOF25353 FRIENDSHIP ROAD Daphne, AL 36526251.990.9950 fax 251.929-9815(A RE-PLAT OF A PORTION OF LOT 1, GOODRICH-104 SUBDIVISION)CITY OF FAIRHOPEWETLANDS:FRONT:WATER SERVICE:10 FEET40 FEET 35 FEETAT&TRIVIERA UTILITIESCITY OF FAIRHOPE5,606 L.F.63ELECTRIC SERVICE:TELEPHONE SERVICE:NUMBER OF LOTS:LIN. FT. STREETS:REAR:SEWER SERVICE:SIDE:COMMON AREAS:20 FEET LARGEST LOT:SMALLEST LOT:CITY OF FAIRHOPESTREET SIDE:GAS SERVICE:PRINCIPAL BUILDING STANDARDSREQUIRED SETBACKS:MAX. ALLOWABLE LOT COVERAGE: 40%BUILDING HEIGHT: 30'DETENTION:GREEN SPACE:49.30 ACTOTAL AREA:35 FEET20 FEET R-1 ZONE:MIN LOT AREA: 15,000 S.F.1.28 LOTS/ACREDENSITY:14,477 S.F.56,328 S.F.4.81 AC1.68 AC12.33 AC5.65 AC (11.5%)BAAMALA MAGERIT OVIC RL.N40 FEET20 FEETW:\RANCE REEHL\50103933-NORTH HILLS AT FAIRHOPE\PLN\50103933_FINAL PH 2.dwg, 11/3/2022 10:56:16 AM LOT 37 LOT 38 LOT 39LOT 26 LOT 25 L A K E 2123456789101112131415COMMON AREA16171819202110710897969594939291908998991001011021031041051062223242526272829303132333435363738394041424344454647484950COMMON AREACOMMON AREA109110111-AB78798081828384888786 85515253545556COMMON AREA60616263646566676869707172COMMON AREA5859737475767757L A K E 1L A K E 3L A K E 4AS BUILT 12/22/2022 16171819202110710897969594939291908998991001011021031041051062223242526272829303132333435363738394041424344454647484950COMMON AREA109AS BUILT 12/22/2022 LOT 37LOT 38LOT 39COMMON AREA109110111-AB5859737475767778798081828384888786855152535455565772AS BUILT 12/22/2022 COMMON AREA60616263646566676869707172LAKE5859737475767757COMMON AREAAS BUILT 12/22/2022 LOT 37 LOT 38 LOT 39LOT 26 LOT 25 L A K E 212345678910111213COMMON AREACOMMON AREA1415161718192021107108109110111-AB585960616263646566676869707172737475767778798081828384888786859796959493929190899899100101102103104105106222324252627282930313233343536373839404142434445464748495051525354555657COMMON AREACOMMON AREAL A K E 1L A K E 3L A K E 4AS BUILT 12/22/2022 16171819202110710897969594939291908998991001011021031041051062223242526272829303132333435363738394041424344454647484950COMMON AREA109AS BUILT 12/22/2022 LOT 37LOT 38LOT 39COMMON AREA109110111-AB5859737475767778798081828384888786855152535455565772LAKE 3AS BUILT 12/22/2022 COMMON AREA60616263646566676869707172COMMON AREA5859737475767757L A K E 4AS BUILT 12/22/2022 LOT 37 LOT 38 LOT 39LOT 26 LOT 25 16171819202110710897969594939291908998991001011021031041051062223242526272829303132333435363738394041424344454647484950COMMON AREA109110111-A-B7879808182838488878685515253545556COMMON AREA60616263646566676869707172COMMON AREA5859737475767757L A K E123456789101112131415COMMON AREACOMMON AREAL A K E 1L A K E 3L A K E 4AS BUILT 12/22/2022 landscape architecture land planning placemaking218 N. Alston Street, Foley, Alabama 36535Telephone 251.948.7181 Facsimile 251.981.8722www.was-design.comNorth Hills0040'80'N O R T HLANDSCAPE PLANTING PLAN1 OPEN151617181920213029282726252423403938373635343332474645444342414849505152535455565758landscape architecture land planning placemaking218 N. Alston Street, Foley, Alabama 36535Telephone 251.948.7181 Facsimile 251.981.8722www.was-design.comNorth Hills0040'80'N O R T HLANDSCAPE PLANTING PLAN1 landscape architecture land planning placemaking218 N. Alston Street, Foley, Alabama 36535Telephone 251.948.7181 Facsimile 251.981.8722www.was-design.comNorth Hills0040'80'N O R T HLANDSCAPE PLANTING PLAN1 landscape architecture land planning placemaking218 N. Alston Street, Foley, Alabama 36535Telephone 251.948.7181 Facsimile 251.981.8722www.was-design.comNorth Hills0040'80'N O R T HLANDSCAPE PLANTING PLAN1 January 20, 2023 Hunter Simmons Planning & Zoning Manager City of Fairhope 555 S. Section Street Fairhope, AL 36533 RE: North Hills Phase 2 Waiver Request Dear Mr. Simmons, On behalf of the owner/developer, we respectfully request a waiver from the installation of speed humps which were included in the preliminary approval for North Hills Phase Two. The developer, Rance Reehl, has had extensive discussions with City Planning and Zoning Manager, Hunter Simmons, and City Construction Inspector, John Thomas, regarding this matter. Mr. Simmons and Mr. Thomas have agreed that traffic calming devices are not needed based on the distances from nearest intersections and stop signs. In lieu of installing speed humps, the installation of two additional speed limit signs was proposed. Mr. Simmons and Mr. Thomas agreed that would be sufficient based on anticipated traffic flow. As of January 20th, 2023, the additional speed limit signs have been ordered and shall be installed promptly. We hope this satisfies any concerns regarding the speed humps and appreciate City Staff and Planning Commission consideration regarding this request. Sincerely, Dewberry Emily M. Phillips Project Support Specialist cc: File 50103933 RIVER MILL DRCOUNTY RD 48RIVERMILL D R STEEL CREEK CT CABOT LNBROWNINGLNELEANOR CTBLUEBERRY LNNORTHWOOD STMARION CTCity of FairhopePlanning Commission February 6, 2023 ¯ COUNTY RD 48 NORTHWOODSTBLUEBERRY LNRIVERMILLDR RIVER MILL DRSTEEL CREEK CT CABOT LNSD 23.06 Overland Townhomes, Final Legend Roads Parcels Corporate LimitsZoning Classification PUD - Planned Unit Development R-1 - Low Density Single-Family R-2 - Medium Density Single-Family R-3 - High Density Single-Family Planning Jurisdiction ^ Project Name: Overland TownhomesSite Data: 2.42 acresProject Type: 16-Unit Final PlatJurisdiction: Fairhope Planning JurisdictionZoning District: PUDPPIN Number: 43640General Location: South of County Road 48, East of River Mill DriveSurveyor of Record: S.E. CivilEngineer of Record: S.E. CivilOwner / Developer: 68V Overland Villas, LLCSchool District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Prepared by: µ µ Approval with Conditions Michelle Melton 1 SD 23.06 Overland Townhomes – February 6, 2023 Summary of Request: The Applicant is 68V Overland Villas, LLC. Aaron Collins, with S.E. Civil, is the authorized agent; whereas, Larry Smith is the engineer of record for the project. This application is for a 16-unit Multiple Occupancy Project (“MOP”) on approximately 2.42 acres and is located on the south side of County Road 48 (Fairhope Ave.), east of the River Mill Subdivision. The property is currently zoned PUD and was annexed into the City on June 28, 2021. The project is to be known as Overland Townhomes. This application is for final approval. The 16 units are divided among four (4) separate identical buildings. Each building consists of 3,750ft² with each unit consisting of 937.5ft². The height for each of the buildings is 35 feet and exterior materials are hardy board, wood, and vinyl. Each townhome has a single car garage and private asphalt driveway. There are 32 parking spaces. 2 SD 23.06 Overland Townhomes – February 6, 2023 Comments: - Utilities: Water, sewer, and gas services are available through the City of Fairhope. Waste management will be providing garbage pickup service. There is a 55 feet utility easement that will be dedicated herewith. o Water – Services being accepted by the City are the water main from the County ROW to the fire hydrant, including the hydrant, and up to the meter backflow. Fire lines are private and not maintained by the City. o Sewer – An aid to construction payment for the River Mill Drive lift station was made prior to granting a land disturbance permit. The sewer being accepted by the City is the sewer main between MH1 and MH2. All service laterals are private and not maintained by the City. o Power – Provided by Baldwin EMC o Communications – AT&T o Trash pickup will be provided by Waste Management via a trash dumpster located on the western side of the hammerhead terminus of (private) Cabot Lane. o An original Maintenance Bond and Maintenance Guaranty Agreement with an exhibit in each showing what is to be maintained by the City of Fairhope Water and Sewer Department shall be required prior to a resolution of acceptance going to City Council shall be required as a condition of approval. - Traffic Study: A traffic study was not necessary for this project. - Drainage: The drainage travels west to east across the site. S.E. Civil states the following regarding drainage: “The terrain of the site falls from west to east and discharges into an existing floodway…Water will be collected in a series of inlets and underground drainage. The underground drainage will discharge into a proposed wet pond on the east side of the property before discharging into the floodway.” The storm system has in-line storage. Staff is unclear as to how the pond is to maintain its static water level. - Landscaping: WAS Design Landscape Architects for 1.66 acres o North and West perimeter landscaping and street trees have been provided. Wetland buffers make up the remaining perimeter. o Grass has been planted on both sides of Cabot Lane along County Road 48 (Fairhope Ave.), between the units on each side of Cabot Lane, and around the wet pond. - Greenspace: The proposed project has a net density of 6.61 units per acre which requires 25% greenspace or 0.61 acres. The project has 0.93 acres of greenspace. Applicant received greenspace credit with the wet pond. - Wetlands: There are wetlands on the property consisting of 0.22 acres. The required 30 ft wetland buffers and signage are in place. - Comprehensive Plan: Case 23.06 Overland Townhomes is in compliance with the City’s Comprehensive Plan, the Fairhope Zoning Ordinance, and all other applicable regulations. 3 SD 23.06 Overland Townhomes – February 6, 2023 Site Plan Follow Up Requirements of Applicant: 1. Provide Maintenance Bond and Agreement for utilities being accepted by the City of Fairhope. Be sure to include a clear exhibit of what is being accepted. 2. Provide a copy of the recorded O&M Agreement. 3. Record a copy of the As-Built Site Plan. (Labeled MOP Site Plan in Applicant submittals) 4. A specific note on the recorded As-Built Site Plan pursuant to Subdivision Regulations, Art. V, Section F(3)(d)(4). “A property owners association (POA) is required to be formed. The POA is required to maintain any and all storm water facilities and structures located outside the publicly accepted right-of-way.” 5. A specific note on the recorded As-Built Site Plan stating the following: “The internal right-of-ways, roads, easements and drainage facilities are private and will be maintained by the POA. The internal right-of-ways, roads, easements and drainage facilities will not be maintained by the City of Fairhope. If individual lots, sites, units, etc. are to be sold, the developer/owner shall be 4 SD 23.06 Overland Townhomes – February 6, 2023 required to meet the current City of Fairhope Subdivision Regulations in effect at that time, and the property shall be brought into compliance with those regulations prior to such sale or attempted sale.” Recommendation of Case SD 23.06 Overland Townhomes: Staff recommends approval subject to the following condition(s): 1. The water meter boxes need to be adjusted and/or moved per Fairhope Water and Sewer, which was relayed to S.E. Civil on January 24, 2023, via email correspondence and a site visit. 2. Install fencing for safety around pond. 3. Complete the aforementioned “Follow Up Requirements of Applicant” 8081838485868788N89°47'51"W 1040.47'P.O.C.RRSPK PREVIOUSLY LOCATEDAT THE NORTHWEST CORNER OFTHE NORTHWEST QUARTER OFTHE SOUTHEAST QUARTER OFSECTION 14, TOWNSHIP 6 SOUTHRANGE 2 EASTP.O.B.30 FT. WETLA N D B U F F E R 30 FT. WETLAND BUFFER"X" UNSHADED"AE""AE""X" UNSHADEDF L O O D W A Y26"20"24"24"26"26"26"54"38"48"36"24"24" 22"38"34"34"24'48"20"52"48"38"S00°20'38"W 40.00'S00°20'38"W 532.55'S00°09'20"W(R)828988898586848330 FT. WETLAND BUFFERN28°1 5' 2 2" W 1 4 7. 4 5'N55°45'45"E 282.50'N42°38'45"E 198.83'36'33'BALDWIN CO. HWY 48 (A.K.A FAIRHOPE AVE.)80 FT. R/WRIVER MILL DR.20'WET POND14'18'SIDEWALKCONCRETEPATIODUMPSTER05-46-06-14-0-000-001.514PIN: 15215FST AND RIVER PARK ENTERPRISE L L C859 FAIRHOPE AVEFAIRHOPE AL 3653205-46-06-14-0-000-001.636PIN: 208401FST AND GIESEKING, DENNIS ETUX ROSE10681 CO RD 48FAIRHOPE, AL 3653205-46-06-14-0-000-001.512PIN: 15180FST LAMBERT VENTURES L L C11623 HALCYON LOOPDAPHNE, AL 36526(INS 1791836) 05-46-06-14-0-000-001.575PIN: 202709FAIRHOPE ALABAMA, CITY OFPO DRAWER 429FAIRHOPE, AL 36533TOWNHOMES4 UNITS3,750 SFFFE=87.83TOWNHOMES4 UNITS3,750 SFFFE=87.66TOWNHOMES4 UNITS3,750 SFFFE=87.83TOWNHOMES4 UNITS3,750 SFFFE=87.6655' UTILITY EASEMENTDEDICATED HEREWITHF L O O D W A Y F L O O D W A Y20' PEDESTRIANEASEMENT20' PEDESTRIANEASEMENTN120015306030 SCALESHEET2 of 2DRAWN:DATE:SCALE:JOB No.:SEALAFFIXREVISIONDATERKnow what'sbelow.before you dig.CallMOP SITE PLAN12/22/22Civil Engineering& Surveying880 Holcomb Blvd, Ste 2FFairhope, AL 36532251-990-656620210983TLS12/22/221"=30'OverlandTownhomesFairhope, Alabama 36532BUILDING HEIGHTSITE ANALYSIS35 FEETLANDSCAPE AREA1.66 AC (68.60%)TOTAL ACREAGE±2.42 AC BUILDING SETBACKS:FRONT YARD:PROPERTY ZONINGUN-ZONEDSIDE YARD:REAR YARD:25 FEET10 FEET33 FEETMAX. GROUND COVER RATIO N/APROPOSED BUILDINGS15,000 SFMAX. BUILDING HEIGHT 35'IMPERVIOUS AREA0.76 AC (31.40%)UNITS16DENSITY6.61 UNITS/ACSITE DATA:1. ACREAGE IN TOTAL TRACT: 2.42 ACRES2. SMALLEST UNIT SIZE: 937 SF3. TOTAL SQUARE FEET OF EACH LOT OR UNIT: 15,000 SF4. TOTAL NUMBER OF LOTS OR UNITS: 165. LINEAR FEET IN STREETS: 394 LF (PRIVATE)6. NUMBER OF PARKING SPACES: 32 SPACES7. AMOUNT OF IMPERVIOUS SURFACE: 33,695 SF8. DENSITY: 6.61 UNITS/ACOWNER:68V OVERLAND VILLAS, LLC707 BELROSE AVE.DAPHNE, AL 36526FLOOD ZONE:PROPERTY LIES IN FLOOD ZONE "AE" & "X" UNSHADED AS SCALED FROM FLOODINSURANCE RATE MAPS NUMBER 01003C0642M, COMMUNITY NUMBER 015000, PANEL0642, SUFFIX "M', DATED APRIL 19, 2019.LESSEE/DEVELOPER:68V OVERLAND VILLAS, LLC707 BELROSE AVE.DAPHNE, AL 36526USABLE OPEN SPACE REQUIRED (50% OF REQ. OPEN SPACE) 0.61 ACCOUNTY OPEN SPACE REQUIRED (20%) 1.21 ACGREENSPACE CALCULATIONS (CITY OF FAIRHOPE):ACREAGE IN TOTAL TRACT: 2.46 ACRESWETLANDS: 0.22 ACRESPONDS: 0.21 ACRESASPHALT ROADS: 0.17 ACRESNET ACREAGE: 1.82 ACRESDENSITY (NET) = 16 UNITS/1.82 ACRES: 8.79 UNITS/ACREGREENSPACE REQUIRED (25% OF 2.42 ACRES): 0.61 ACRESGREENSPACE PROVIDED: 0.93 ACRESPROPOSEDEXISTINGSITE PLAN LEGENDTRAFFIC CONTROL ARROWCURB & GUTTERSTANDARD PARKING QUANTITYMEDIUM DUTY ASPHALT PAVINGACCESSIBLE PARKING SPACECONCRETE PAVINGHEADER CURBRIBBON CURBNOTE:IF INDIVIDUAL LOTS, SITES, UNITS, ETC., ARE TO BE SOLD, THE DEVELOPER/OWNERSHALL BE REQUIRED TO MEET THE CURRENT CITY OF FAIRHOPE SUBDIVISIONREGULATIONS IN EFFECT AT THAT TIME, AND THE PROPERTY SHALL BE BROUGHTINTO COMPLIANCE WITH THOSE REGULATIONS PRIOR TO SUCH SALE OR ATTEMPTEDSALE.CRF = CAPPED REBAR FOUNDCRS = CAPPED REBAR SETCMF = CONCRETE MONUMENT FOUNDRBF = REBAR FOUND(R) = RECORD DEED BEARING AND DISTANCEXSITEVICINITY MAP1" = 1 MILEUTILITY PROVIDERS:WATER - CITY OF FAIRHOPESEWER - CITY OF FAIRHOPEGAS - CITY OF FAIRHOPEELECTRIC - BALDWIN EMCTELEPHONE - AT&T 8183848586878815-1/2"X26" RCAPINV 85.54'6'X4' GRATE INLETTOP 88.05'(SILTED IN)INV 86.08'22-1/2"X36-1/4" RCAP05-46-06-14-0-000-001.514PIN: 15215FST REWERTS, CURTIS10563 CO RD 48FAIRHOPE AL 36532(RPB 803 PAGE 1177)05-46-06-14-0-000-001.512PIN: 15180FST LAMBERT VENTURES L L C11623 HALCYON LOOPDAPHNE, AL 36526(INS 1791836)05-46-06-14-0-000-001.575PIN: 202709FST R M DEVELOPMENTCORPORATIONC/O CRAIG DYAS23210 US HWY 98FAIRHOPE, AL 365321/2"CRF(FAIRHOPE)N89°47'51"W 1040.47'P.O.C.RRSPK PREVIOUSLY LOCATEDAT THE NORTHWEST CORNER OFTHE NORTHWEST QUARTER OFTHE SOUTHEAST QUARTER OFSECTION 14, TOWNSHIP 6 SOUTHRANGE 2 EASTP.O.B.BALDWIN CO. HWY 48 (A.K.A FAIRHOPE AVE.)80 FT. R/WRIVER MILL DR.HWY. CONST. SETBACK48"x72" R C P TRIPLE38"x60"RCP INV=79.70"X" UNSHADED"AE""AE""X" UNSHADED85 FT.54"48"24"24" 22"38"34"34"38"INV 84.5 (W)INV 84.4 (M)INV 84.6 (E)82898889858684832+860+001+002+000+001+001+200+001+002+003+000+001+002+002+62N28°1 5' 2 2" W 1 4 7. 4 5'N42°38'45"E 198.83'A3A4A2A1102101100858483868786 86 8787888685807887.8887.8886.6086.7187.0786.7787.0786.7186.5986.4186.4186 MATCHMATCH8286848386.0785.8686.4985.0785.52WET PONDTOP OF POND = 85.50BOTTOM OF POND = 78.00NWSE=82.0025 YR ELEV. = 84.60100 YR ELEV.= 85.32B2B3B4B120220120086.8686.868630 FT. WETLAND BUFFER85.8585.85TOWNHOMES4 UNITS3,750 SFFFE=87.83TOWNHOMES4 UNITS3,750 SFFFE=87.83TOWNHOMES4 UNITS3,750 SFFFE=87.66TOWNHOMES4 UNITS3,750 SFFFE=87.66TOWNHOMES4 UNITS3,750 SFFFE=87.83TOWNHOMES4 UNITS3,750 SFFFE=87.66878787878787878787 8787878787878786.6986.3185.9386.3186.6987.0787.0785.9386.2386.238787STORM LINE ANAME100101102SIZE & TYPE24" RCP24" RCP29"x18" RCAPLENGTH110LF26LF91LFSLOPE1.04%1.00%0.31%STORM LINE ASTRUCTURE:A1-MESA2-S2A3-S2A4-WIDETAILS:??? = 80.38 INV IN = 78.00(100)THROAT = 85.39 INV IN = 79.14(101) INV OUT = 79.14(100)THROAT = 85.39 INV IN = 79.90(102) INV OUT = 79.40(101)THROAT = 85.07 INV OUT = 80.18(102)STORM LINE BSTRUCTURE:B1-MESB2-JBB3-JBB4-OCSDETAILS:??? = 83.68 INV IN = 81.30(200)RIM = 86.59 INV IN = 81.46(201) INV OUT = 81.46(200)RIM = 86.00 INV IN = 81.72(202) INV OUT = 81.72(201)RIM = 86.00 INV OUT = 82.00(202)STORM LINE BNAME200201202SIZE & TYPE24" RCP24" RCP24" RCPLENGTH54LF86LF92LFSLOPE0.30%0.30%0.30%80010204020 SCALESHEETC04DRAWN:DATE:SCALE:JOB No.:SEALAFFIXREVISIONDATERKnow what'sbelow.before you dig.CallAS-BUILTGRADING & DRAINAGE PLANCivil Engineering& Surveying880 Holcomb Blvd, Ste 2FFairhope, AL 36532251-990-6566PROPOSEDEXISTINGGRADING & DRAINAGE PLAN LEGENDSTORM SEWER PIPINGJUNCTION BOX (JB)CONTOURSSPOT ELEVATIONXXX+ XXX.XXXXXXXX.XXHIGH POINTHPTYPE "S" 2- WING INLET (DWCB)DROP INLET (DI)WEIR INLET (WI)TYPE "S" 1- WING INLET (SWCB)MITERED END SECTION (MES)20210983TLS12/27/221"=20'OverlandTownhomesFairhope, Alabama 36532NOTES:1. THIS SITE SHALL ADHERE TO THE RED SOIL ANDCLAY ORDINANCE. RED SOIL AND CLAY IS PROHIBITEDWITHIN 100' OF CRITICAL AREAS, INCLUDING WETLANDSAND STREAMS.2. THIS SITE SHALL ADHERE TO THE CITY OF FAIRHOPEWETLAND ORDINANCE. NO DISTURBANCE IS ALLOWEDWITHIN THE 30' WETLAND BUFFER, INCLUDINGCLEARING ACTIVITY.3. RED SOIL & CLAY SHALL NOT BE USED IN PONDCONSTRUCTION AS PER RED SOIL & CLAY ORDINANCE.85.4881.9181.6181.5881.1481.2481.0780.3885.2279.5380.0179.2585.9385.9686.4985.1578.150.13%0.43%0.36%0.41%1.08%0.90% 8081838485868788OHPOHP05-46-06-14-0-000-001.575PIN: 202709FST R M DEVELOPMENTCORPORATIONC/O CRAIG DYAS23210 US HWY 98FAIRHOPE, AL 365321/2"CRF(FAIRHOPE)N89°47'51"W 1040.47'THE NORTHWEST QUARTER OFTHE SOUTHEAST QUARTER OFSECTION 14, TOWNSHIP 6 SOUTHRANGE 2 EASTP.O.B.BALDWIN CO. HWY 48 (A.K.A FAIRHOPE AVE.)80 FT. R/WRIVER MILL DR.48"x72" R C P TRIPLE38"x60"RCP INV=79.70INV 84.5 (W)INV 84.4 (M)INV 84.6 (E)82898889858684832+860+001+002+000+001+001+200+001+002+003+000+001+002+002+62N28°15'22"W 147.45'N55°45'45"E 282.50'N42°38'45"E 198.83'MATCHMATCHGREENSPACE0.90 ACRESWET PONDGREENSPACE CREDIT0.03 ACRES30 FT. WETLAND BUFFERTOWNHOMES4 UNITS3,750 SFFFE=87.83TOWNHOMES4 UNITS3,750 SFFFE=87.83TOWNHOMES4 UNITS3,750 SFFFE=87.66TOWNHOMES4 UNITS3,750 SFFFE=87.66TOWNHOMES4 UNITS3,750 SFFFE=87.83TOWNHOMES4 UNITS3,750 SFFFE=87.6680010204020 SCALESHEETC09DRAWN:DATE:SCALE:JOB No.:SEALAFFIXREVISIONDATERKnow what'sbelow.before you dig.CallGREENSPACE PLANCivil Engineering& Surveying880 Holcomb Blvd, Ste 2FFairhope, AL 36532251-990-656620210983TLS12/27/221"=20'OverlandTownhomesFairhope, Alabama 36532NOTES:1. THIS SITE SHALL ADHERE TO THE RED SOIL ANDCLAY ORDINANCE. RED SOIL AND CLAY IS PROHIBITEDWITHIN 100' OF CRITICAL AREAS, INCLUDING WETLANDSAND STREAMS.2. THIS SITE SHALL ADHERE TO THE CITY OF FAIRHOPEWETLAND ORDINANCE. NO DISTURBANCE IS ALLOWEDWITHIN THE 30' WETLAND BUFFER, INCLUDINGCLEARING ACTIVITY.3. RED SOIL & CLAY SHALL NOT BE USED IN PONDCONSTRUCTION AS PER RED SOIL & CLAY ORDINANCE.GREENSPACE CALCULATIONS (CITY OF FAIRHOPE):ACREAGE IN TOTAL TRACT: 2.42 ACRESWETLANDS: 0.22 ACRESPONDS: 0.21 ACRESASPHALT ROADS: 0.17 ACRESNET ACREAGE: 1.82 ACRESDENSITY (NET) = 16 UNITS/1.82 ACRES: 8.79 UNITS/ACREGREENSPACE REQUIRED (25% OF 2.46 ACRES): 0.61 ACRESGREENSPACE PROVIDED: 0.93 ACRESOPEN SPACE (GREEN SPACE) CALCULATIONDENSITY: 8.79 UNITS/ACREREQ'D 25% OF TOTAL GROSS AREA =0.605 ACRESPRESERVE =0.93 ACRES 81838485868788GGGGGGGGGGGGGGGWWWWWWWWWWWWWWW15-1/2"X26" RCAPINV 85.54'6'X4' GRATE INLETTOP 88.05'(SILTED IN)INV 86.08'22-1/2"X36-1/4" RCAPOHPOHPOHPOHPOHPOHPOHPOHPOHP TELEPHONEOHPOHPSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS SS SS SS 10"10"88.45'79.99'10"05-46-06-14-0-000-001.514PIN: 15215FST REWERTS, CURTIS10563 CO RD 48FAIRHOPE AL 36532(RPB 803 PAGE 1177)05-46-06-14-0-000-001.512PIN: 15180FST LAMBERT VENTURES L L C11623 HALCYON LOOPDAPHNE, AL 36526(INS 1791836)05-46-06-14-0-000-001.575PIN: 202709FST R M DEVELOPMENTCORPORATIONC/O CRAIG DYAS23210 US HWY 98FAIRHOPE, AL 365321/2"CRF(FAIRHOPE)BALDWIN CO. HWY 48 (A.K.A FAIRHOPE AVE.)80 FT. R/WRIVER MILL DR.OHPOHPOHPOHPOHPOHPOHPOHPOH48"x72" R C P TRIPLE38"x60"RCP INV=79.70TOP 85.96INV 80.41"X" UNSHADED"AE""AE""X" UNSHADED85 FT.54"48"24"24" 22"38"34"34"38"INV 84.5 (W)INV 84.4 (M)INV 84.6 (E)82898889858684832+860+001+002+000+001+001+200+001+002+003+000+001+002+002+62858483868786 86 878788868580788682 868483SSSSSSSSSSSSSSSS86TOWNHOMES4 UNITS3,750 SFFFE=87.83TOWNHOMES4 UNITS3,750 SFFFE=87.83TOWNHOMES4 UNITS3,750 SFFFE=87.66TOWNHOMES4 UNITS3,750 SFFFE=87.66TOWNHOMES4 UNITS3,750 SFFFE=87.83TOWNHOMES4 UNITS3,750 SFFFE=87.66878787878787878787 878787878787878787 INSTALL FIRE HYDRANTASSEMBLY (TYP.)SEE DETAILMH-1MH-2S1008" PVC C-900WATER MAINSSSSSSSSSSC.O.C.O.C.O.C.O.6" SS LATERAL@ 1.04%CLEAN OUTSEE DETAILCLEAN OUTSEE DETAILCLEAN OUTSEE DETAIL6" SS LATERAL@ 1.04%6" SS LATERAL@ 1.04%6" SS LATERAL@ 1.04%EXISTING 12" WATER MAINCONTRACTOR TO FIELDVERIFY EXACT LOCATIONAPPROX. LOCATION OFGAS MAIN CONTRACTORTO FIELD VERIFY EXACTLOCATIONDIRECTIONAL BOREWATER MAIN W/ 8" WATERMAIN & 16" ENCASEMENT(45 LF). SEE DETAILDOGHOUSE MHEXISTING FIRE HYDRANTCLEAN OUTSEE DETAIL12"X8" TAP, SADDLE,AND VALVEIRRIGATION METERTWO (2) 4" SCH 40SLEEVES WITHCAPSW W W W W W W WWWWWWWWWWWWWWWWWWWWATER SERVICE(TYP.) SEE DETAILW W2" FIRE SERVICEBFP LOCATED ONRISERWW2" FIRE SERVICEBFP LOCATED ONRISERFDCFDCFDCFDCINSTALL FIRE HYDRANTASSEMBLY (TYP.)SEE DETAILW SANITARY SEWER LINE ASTRUCTURE:MH-1MH-2DETAILS:RIM = 88.72 INV IN = 80.95(S100)RIM = 86.59 INV OUT = 82.59(S100)SANITARY SEWER LINE ANAMES100SIZE & TYPE8" PVCLENGTH198LFSLOPE0.83%SHEETC06DRAWN:DATE:SCALE:JOB No.:SEALAFFIXREVISIONDATERKnow what'sbelow.before you dig.CallAS-BUILTUTILITY PLANCivil Engineering& Surveying880 Holcomb Blvd, Ste 2FFairhope, AL 36532251-990-6566UTILITY PLAN LEGENDVALVEWATER METEREXISTINGGFIRE HYDRANT ASSEMBLYMANHOLEWATERTHRUST BLOCKGASPROPOSEDGOHPOVERHEAD POWEROHPWWWVCLEAN OUTWWC.O.SFHSANITARY SEWER STUBSS80010204020 SCALESEALAFFIX20210983TLS12/27/221"=20'OverlandTownhomesFairhope, Alabama 36532NOTES:1. THIS SITE SHALL ADHERE TO THE RED SOIL ANDCLAY ORDINANCE. RED SOIL AND CLAY IS PROHIBITEDWITHIN 100' OF CRITICAL AREAS, INCLUDING WETLANDSAND STREAMS.2. THIS SITE SHALL ADHERE TO THE CITY OF FAIRHOPEWETLAND ORDINANCE. NO DISTURBANCE IS ALLOWEDWITHIN THE 30' WETLAND BUFFER, INCLUDINGCLEARING ACTIVITY.3. RED SOIL & CLAY SHALL NOT BE USED IN PONDCONSTRUCTION AS PER RED SOIL & CLAY ORDINANCE.FDCFIRE DEPARTMENT CONNNECTION88.8581.0086.3082.500.76% Article I General Provisions ARTICLE I GENERAL PROVISIONS A. Purpose B. Authority C. Jurisdiction A. PURPOSE: The purpose of these Rregulations is to promote the health, safety, morals and general welfare of present and future residents and to effect the coordinated and efficient development of the City of Fairhope, Alabama in accordance with the Comprehensive Plan and all other plans or programs adopted by the City for the physical development of the City of Fairhope and neighboring territory. These rRegulations shall be implemented to achieve the following goals and purposes: 1. The proper arrangement of streets in relation to other existing and planned streets; 2. The proper arrangement of streets in relation to the Comprehensive Plan; 3. Adequate and convenient open spaces for pedestrian, bicycle, or vehicular traffic; 4. Adequate and convenient open spaces for utilities; 5. Adequate and convenient open spaces for access of fire-fighting apparatus; 6. Adequate and convenient open spaces for recreation, light and air; 7. The avoidance of congestion of population; 8. Proper and timely grading and improvements of streets and other ways; 9. Proper and timely installation of water, and sewer, and other utility mains, piping, drainage, or other facilities. 10. Accomplishing coordinated, adjusted, and harmonious development of the City and neighboring territory; 11. Promoting good civic design and arrangement; 12. Promoting wise expenditure of public funds; and 13. Promoting adequate provision of public utilities and other public requirements. B. AUTHORITY: The Subdivision Regulations for the City of Fairhope are promulgated under authority of Tthe Code of Alabama, 1975 as set forth in Title 11, Chapter 52, as amended. C. JURISDICTION: These rRegulations shall govern the sSubdivision of lands within the Ccorporate Llimits of the City of Fairhope. These Regulations may also apply to the Subdivision of land within the planning jurisdiction of the City of Fairhope as determined by the Planning Commission and in accordance with Alabama law if Baldwin County ceases to regulate the Subdivision of land in Fairhope’s planning jurisdiction. and all that extra-territorial area lying within five miles of the Corporate Limits; provided further that the jurisdictional line between the City of Fairhope and the City of Daphne shall be determined as provided by statute. Any owner of land within the Article I General Provisions jurisdiction wishing to subdivide land shall submit to the Planning Commission an application and plat of the sSubdivision which shall conform to the minimum requirements set forth in these rRegulations. No plat of a sSubdivision lying within the territory in whole or in part shall be filed or recorded in the Office of the Judge of Probate of Baldwin County without the written approval of the Planning Commission. No sSub-divider shall proceed with improvement, transfertransfer or sellale of lots within a sSubdivision until a proper plat of such sSubdivision shall have been finally approved by the Planning Commission and properly recorded. No plat shall be deemed to have received final approval and no plat shall be recorded until the authorized agent Secretary of the Planning Commission shall have affixed a signed statement of approval upon the face of the plat. Appeals of final planning Planning commission Commission decisions pursuant to these Regulations, relative to subdivision applications, shall be addressed through the appropriate judicial authority. Article II Definitions ARTICLE II DEFINITIONS Abutting/Contiguous property: any property that is immediately adjacent to, touching or separated from such a common border by a right-of-way, alley or easement. Accessory dwelling unit: a dwelling unit that is incidental and subordinate to the principal dwelling unit on the lot. Adverse Affect: the potential for harm or damage to downstream areas where receiving systems and facilities are deemed inadequate to satisfactorily accommodate runoff from upstream development. Agent: a person, firm or corporation who is empowered to act for a principal on matters, which come within the scope of designated activities. Alley: a public right-of-way primarily designed to serveice as a secondary access to the side or rear of properties whose principal frontage is on some other street. Arterial Street: a highway or street of considerable continuity, providing direct and continuous connections to points along its route through various modes of transportation, interrupted only by major community destinations or topographical obstacles. Avenue: a local street with little continuity, but having design characteristics of an arterial street over its short distance. Avenues support access to non-residential uses when the arterial streets upon which those uses are located are unable to perform that function completely. Base Flood: the flood caused by a 100-year flood event. Base Flood Elevation: the storm water elevation caused by a base flood. Best Management Practices (BMP): are structural and non-structural measures to minimize quantity and maximize quality of runoff from a construction site, including sediment and erosion control BMPs, good housekeeping BMPs, and storm water BMP’s. BMP Treatment train: a technique for progressively selecting various storm water management treatment practices (structural and nonstructural) to address water quality and quantity goals, by which groups of practices may be used to achieve a treatment goal while optimizing effectiveness, maintenance needs and space. Bike Lane: a paved pathway, either separated from or part of the roadway, dedicated for the use of bicycles. Article II Definitions Block: a division or parcel of land entirely surrounded by public highways, streets, or other rights-of-way, or other boundary as specified in these Regulations. Boulevard: an arterial street that generally does not include a median, unless approved in specific locations as a traffic-calming device. Building: any structure attached to the ground and intended for shelter, housing or enclosure for persons, animals, or chattels. Building Height: the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the mean height between eaves and ridge for gable, hip and gambrel roofs. In XA- flood zones building height will be measured from the lowest finished floor elevation. In V- flood zones, building height will measured from the bottom of the lowest supporting girder. Building Setback Line: the minimum allowable horizontal distance between the street right-of-way line and the building, except for steps or terraces with no canopy, open fire escapes, roof overhangs, balconies, canopies or cornices projecting no more than two feet beyond the main wall, offset or overlapping projections of second floors that project no more than three feet beyond the main floor of the building. Building Site: the land occupied or to be occupied by a structure and its accessory structures including opens spaces, required yards and parking. City: The City of Fairhope, Alabama. City Council: the governing body of the City of Fairhope, Alabama. Collector Street: a street of moderate continuity, providing direct and continuous access to points along its route through various modes of transportation, interrupted occasionally by neighborhood destinations or topographical obstacles, and used primarily for access between local streets and arterial streets. Comprehensive Plan: the plan, adopted by the City, for the physical, systematic, and orderly development of the City and its planning jurisdiction with particular regard to streets, parks, industrial and commercial undertakings, civic beauty and other matters properly within the police power. Also referred to as the Master Plan. Conservation easement: an easement that transfers usage rights which is a legally enforceable land preservation agreement between a landowner and a municipality or qualified land protection organization (often called a land trust) for the purpose of conservation. It restricts real estate development, commercial and industrial uses, and certain other activities on a property to a mutually agreed upon level. Condominium Development: real estate, portions of which are designated for separate ownership and the remainder of which is designated by common ownership solely by the owners of those portions. The development type is hereby subject to the same development reviews and procedures as a conventional sSubdivision. Condominium developments shall submit a plat(s) that adhere(s) to the requirements established in this document. Existing buildings as of September 2001 in the City Article II Definitions Limits and ETJ are exempt from these procedures. Additionally, the Central Business District as defined in the Zoning Ordinance is exempt from these procedures. Corner Lot: a parcel of land abutting upon two or more streets at their intersection. Crosswalk: a designated transverse rRight-of-way across a public street for the purpose of protection of pedestrians crossing to the other side of the street. Cul-de-sac: a local street designed to have one end temporarily and/or permanently closed, the closed end being terminated with a vehicular turnaround Curb or Curb-line: the vertical face of a concrete curb nearest the center of the street or, where no curb exists, the edge of the traveled way. DBH: Diameter at Breast Height, or 4.5 feet above the grade. Used to measure all trees. Dedication: the transfer of property from private to public ownership. Detention Facility: a storm water management facility which provides temporary storage of storm water runoff in ponds, parking lots, depressed areas, rooftops, buried underground vaults or tanks, etc., for future release, and which is used to delay and attenuate peak flow and volume. Differential Runoff: the difference between the rate and volume of storm-water runoff from a particular parcel or project in its undeveloped or natural condition and that of the same property after development. Double Frontage Lot: a lot which abuts a public way on both front and rear, a lot which extends all the way through the block. If a minimum 40-foot greenbelt is provided between the rear lot line and the right of way, the lot shall not be considered double frontage. Dwelling Unit: one or more rooms of any structure designed, occupied, or intended for occupancy as a separate living quarter for an individual or group of individuals living as a single household. Easement: a restricted area on privately owned land, the use of which is reserved for a specific purpose or public utility and runs with the land. in perpetuity unless the City, by resolution, approves the vacation of the easement upon a finding that there is no public need. Engineer: one who is licensed to practice as a Professional Engineer in his qualified field of expertise by the Alabama Licensing Board for Engineers and Land Surveyors. A qualified engineer undertaking the design and inspection of construction within sSubdivisions may be referred to as the Project Engineer. Engineering Plan: a post-construction record giving details of construction and locations of improvement and utilities as they were built or installed. Article II Definitions Exception: basis for non-application of a particular standard in these Rregulations, approved at the discretion of the Planning Commission as part of the application process, and based on general circumstances and criteria specified in these Rregulations. Final Plat: a plat or plan of a tract of land which meets the requirements of these rRegulations and is in proper form for recording in the Office of the Judge of Probate Judge of Baldwin County, Alabama. Flood Control Structure: those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within the City subject to a “special flood hazard” and water depths associated with flooding. Flood control structures typically include: hurricane tidal barriers, dams, reservoirs, levees or dikes. Typically flood control structures are located perpendicular to a stream and within the stream buffera Buffer. Detention and retention ponds are typically not allowed within Stream Buffers, since they are used to meet water quantity/quality requirements. Flood Control Volume: the intent of flood control volume control is to provide for public safety; minimize downstream flood impacts on level of service of stream crossings and storm water conveyance systems; flood elevations; and maintain published and existing 100-year floodplain and floodway boundary limits. Floodway: the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the bBase fFlood without cumulatively increasing the water surface more than one (1) foot. For the purpose of these rRegulations, floodways shall be defined as follows: (a) The floodways as identified or delineated in the Flood Insurance Study for Baldwin County, Alabama. (b) Along small streams and watercourses. All lands lying within 25 feet of the top of the bank of the channel (measured horizontally), unless the developer demonstrates to the satisfaction of the City of Fairhope Planning Commission that a lessor distance (but not less than 15 feet) is adequate based on the watershed characteristics and probable storm runoff for the bBase fFlood. Graphic, Table, and Commentary Interpretation: graphics, tables, and commentary boxes used in these rRegulations are to aid interpretation of the text, unless otherwise specifically stated. In the event of a conflict or ambiguity between a graphic, table or commentary and the text, the text shall control. Highway: a road or street that forms a part of the existing or projected Federal Aid Highway System, the State road system or the County road system. Impervious Cover: any surface in the urban landscape that cannot effectively absorb or infiltrate water. Article II Definitions Informal Review: review of a plat or development plan by the Planning Commission prior to submission of an applicant for development. Informal review of a plat or plan is intended to enable the Commission and Developer to discuss and evaluate principles and potential problems involved before the applicant has gone to the expense of completing detailed engineering drawings. Jurisdictional Wetland: a wetland area that is regulated by the U. S. Army Corps of Engineers under Section 404 of the Clean Water Act. It can meet the definitional requirements for wetlands (i.e. hydrphitic vegetation, hydric soils and hydrology) as determined by the U. S. Corps of Engineers, 1987 Federal Wetland Delineation Manual. Lane: a service street providing primary or secondary vehicle access to abutting property, located on the side or to the rear of the property, and not intended for general through traffic. Letter of Credit: a Letter of Credit within the meaning of that term given by the Code of Alabama, 1975 as set forth in Title 7, Article 5 Article V of Title VII of the Alabama Code (1975), as the same may hereafter be amended,, altered or replaced from time to time, in form and substance and issued by a bank acceptable to the Planning Commission. Local Street: a street used primarily to provide access to abutting property over short distances, generally designed to have little continuity or accommodate minimal volumes of vehicular traffic. Local streets are frequently interrupted by traffic control devices and occasionally interrupted by T-intersections. Lot: a parcel of land intended as a unit for transfer of ownership or for building development, or both, which will generally front upon a public right-of-way, exclusive of any part of the right-of-way. Designation of land as a tax parcel by the Baldwin County Revenue Commissioner does not establish a lot of record within the meaning of these rRegulations. Lot Width: the horizontal distance between sidelines of the lot when measured parallel to the street right-of-way at the building set back line. Major Subdivision: a major sSubdivision not classified as a minor sSubdivision, including but not limited to sSubdivisions of five (5) or more lots, including remnant parcels, or any size sSubdivision requiring any new street, drainage, or other public improvement. Marginal Access Street: a minor street which is parallel and adjacent to highway and provides protected access to abutting properties. Master Plan: overall plan for the development. Minor Subdivision: a sSubdivision of four (4) or fewer lots where no new streets, right-of-way, or utility mains are required. Monument: a permanent object which serves to indicate a limit or to mark a boundary. Article II Definitions Official Maps and Plans: the maps and plans prepared as a part of the cComprehensive pPlan. Owner: any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these rRegulations. Parkway: an arterial street designed with a continuous, vegetated median that forms a part of an existing or proposed Parkway System. Planning Commission: The Planning and Zoning Commission of the City of Fairhope, Alabama. Planting Strip: the portion of the street right-of-way between curb and the property line exclusive of the area occupied by sidewalks. Pre-construction Conference: a meeting held with representatives of the City and appropriate utility and/ or regulatory agencies to review the project and discuss construction processes and procedures. Preliminary Plat: a tentative plan of the complete proposed sSubdivision submitted to the County Planning Commission for its consideration. Record Plat: a plat or plan of a proposed sSubdivision meeting the conditions of the Final Plat approval, if any; and containing signatures on all of the required certifications and signature blocks. Re-plat: a sSubdivision that results in the creation of no additional lots, requires no new streets, right-of-way, or utility mains, and where all lots conform to all applicable ordinances and regulations; i.e. lot line adjustment. Resources: the following resources were used as an aide in developing these rRegulations and may be consulted for guidance and support in implementing the goals and purposes of these rRegulations. However, these resources shall not be used to contradict or conflict with any standards expressed in these rRegulations. Traditional Neighborhood Development, Street Design Guidelines, Institute of Transportation Engineers, October 1999; Residential Streets, Third Edition, ULI, HAHB, ASCE, and ITE, 2001; Traffic Calming: State of the Practice, ITE & FHWA, August 1999; Guidelines for the Development of Bicycle Facilities, AASHTO, 1999; Implementing Bicycle Improvements as the Local Level, FHWA Report, 1998. Retention Facility: a storm water management facility that provides storage of storm water runoff and is designed to eliminate subsequent surface discharges from the property. These facilities are sometimes effective in reducing downstream flooding because they do not allow discharge of storm water runoff to downstream locations except in extreme flood events where the storage volume of the facility is exceeded. Retention facilities can also be effective in reducing surface water storm water pollution since the pollutants contained in storm water are not released downstream. Article II Definitions Right-of-way: a strip of land acquired by the City by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a street, crosswalk, sidewalk, planting strip, median, bike lanes, railroad, utility transmission lines, and other similar uses for the benefit of the public. Right-of-way width: the entire rRight of way, the perpendicular or radial distance between the boundaries of property abutting either side of the right-of-way. Road: a local or collector street designed to support rural land uses. Sidewalk: the portion of the rRight-of-way paved for the use as a walkway for pedestrians. Specifications, State: shall mean the latest revision of the Alabama Highway Department Specifications for Roads and Bridges. Streambank Protection Volume: the volume of storm water that a storm water conveyance system can handle when the water elevation is at the top of the channel banks. It is also referred to as bankfull flow. Any increase to the volume of water from a development results in increased frequency and duration of bankfull flow downstream of the development. This increase in frequency and duration of bankfull flow is the primary cause of accelerated erosion and widening of stream channels. Streamside Buffer (Buffer): an area adjacent to a shoreline, wetland or stream where development is restricted or prohibited; an area of transition between a developed area and a natural resource. Street: the portion of the rRight-of-way paved for vehicular traffic, parking, or the shared use of bicycles. Street Width: the entire width of the traveled rRight- of- way dedicated for vehicular traffic, either from the back of the curb or the edge of the traveled surface on each side of such street. Storm water Quality Volume: the first flush concept is based on the theory that a disproportionate amount of pollutant “removal” from storm water runoff occurs early in each rainfall event. The variable typically used to identify the first flush is a specific rainfall depth. For purposes of these rRegulations the rainfall depth associated with first flush is 1.8 inches. Subdivider: a landowner applying for a sSubdivision, or the landowner’s agent. Subdivision: this term shall have the meaning ascribed to it in Alabama Code § 11- 52-1 of the Alabama Code (1975), as the same shall hereafter be altered, amended. or otherwise replaced. Subdivision, Major: (See Major Subdivision) Subdivision, Minor: (See Minor Subdivision) Article II Definitions Surface Drainage: a storm-water drainage system consisting of natural systems and/or constructed elements including berms, swales, gutters, culverts and open channels. Top of Bank: the uppermost limit of the active channel of the stream containing normal flows usually marked by a break in the slope. If the top of bank is indistinguishable, an authority designated by the Planning Director or his authorized agent will be assigned to make the official determination. Waiver: a request for the non-application of a standard contained in these rRegulations, granted at the discretion of the Planning Commission through a separate procedure, based on criteria unique to the specific site. Watercourse: any depression serving to give direction to a flow of water, having a bed and well-defined banks and which shall, upon the rule or order of the Planning Commission also include other generally or specifically designated areas where flooding may occur. The flow of water need not be on a continuous basis, but may be intermittent, resulting from the surface runoff of precipitation. Wetlands: areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions as delineated by the Corps of Engineers. Wetlands generally include swamps, marshes, bogs, and similar areas. Watershed: the area of land that drains to a particular point on a stream or storm water conveyance system. Word Interpretation: the word may is permissive. The word shall is mandatory. The words building and structure are mutually inclusive. Words used in the present tense include the future tense and words used in the future tense include the present tense. Words used in the singular include the plural and words used in the plural include the singular. Article III Responsibilities ARTICLE III RESPONSIBILITIES A. Responsibility of the Sub-divider B. Responsibility of the City of Fairhope A. RESPONSIBILITY OF THE SUBDIVIDER: The sSub-divider is responsible for providing all engineering services, including plans and specifications in conformity with these rRegulations and field inspections and construction supervision as is necessary to assure that improvements are installed in conformity with plans, city standards and the requirements of Chapter 19, Code of Ordinances. The sSub- divider shall provide the City with all engineering plans required for conformity with any applicable state, federal or local laws or regulations. Where the Planning Commission deems additional or supplemental engineering data to be necessary for the purpose of assuring the City's interests are protected, the cost shall be borne by the Ssub-divider. The sSub-divider shall be responsible for payment of all fees and charges required by these rRegulations in full. B. RESPONSIBILITY OF THE CITY: The City shall, after final plat approval and recording and upon receipt of all test reports, maintenance bond, as-built plans, and certification and other requirements of the Code of Ordinances and these rRegulations, by resolution of the City Council, accept the streets and public utilities within the rRight-of-way for public maintenance. The City may cause the inspection of any or all parts of the improvements during and after construction and require the correction of any deficiencies found before acceptancedoption of such improvements for maintenance. Article IV Procedure for Plat Approval ARTICLE IV PROCEDURE FOR PLAT APPROVAL A. General B. Pre-application and Sketch Plat 1. Pre-application Conference and Community Meeting 2. Sketch Plat C. Preliminary Plat 1. Submission Requirements 2. Staff Review 3. Planning Commission Hearing and Review 4. Planning Commission Decision 5. Pre Construction Conference 6. Expiration and Revocation D. Final Plat Procedures 1. Submission Requirements 2. Phased Plats 3. Staff Review 4. Final Inspections 5. Planning Commission Submission and Review 6. Planning Commission Decision 7. Recording E. Procedure Exceptions 1. Minor subdivisions 2. Re- plats F. Village Subdivision G. Tourism Resort District Exemptions H. Multiple Occupancy Projects A. GENERAL: The plat and preliminary design shall meet the requirements of all applicable codes and laws, shall be prepared in conformity with the standards of professional practice. No plat or description of land subdivided within the jurisdiction of these Regulations shall be recorded with the Office of the Judge of Probate filed in the Probate Records until the plat has been finally approved by the Planning Commission, according to these procedures. The procedure for review and approval of a sSubdivision plat generally consists of three separate steps – pre- application, a pPreliminary pPlat, and a fFinal pPlat. Commentary The following is a summary of the various subdivision applications: Type Submittal requirements Approval Body Re-plat Sketch Plat Planning Director Informal Review Sketch Plat Planning Commission Minor subdivision Sketch Plat (optional) Preliminary Plat Final Plat (may be combined) Planning Commission Subdivision Sketch Plat (optional) Preliminary Plat Final Plat Planning Commission Village Subdivision Sketch Plat Site Plan Preliminary Plat Final Plat Planning Commission Waiver Sketch Plat Planning Commission (if approved, waiver exercised through formal plat application) Article IV Section B. Procedure for Plat Approval Pre-Application and Sketch Plat B. PRE-APPLICATION AND SKETCH PLAT: 1. Pre-application Conference and Community Meeting a. Pre-Application Conference – All Subdividersapplications for mMajor sSubdivisions, vVillage sSubdivisions and Multiple Occupancy Projects must attend a mandatory pre- application conference with City staff prior to making application so the Subdividerdeveloper may become familiar with the cComprehensive pPlan and other rules which may affect the development. A pre-application conference with the Planning Director and/or his/her authorized agent may be scheduled at the mutual convenience of both parties. b. Community Meeting – After the pre-application meeting and prior to making application for a mMajor sSubdivision, vVillage Subdivisions or Multiple Occupancy Project the Subdividerapplicant must conduct a community meeting to solicit public input. (1) Notice of Community Meeting – The Subdividerapplicant shall notify all persons owning property adjacent to any specific property that is the subject of the application stating the date, time, location, nature and subject of the meeting. The location of the meeting shall be near the subject property, either onsite or at a publically accessible facility unless the location of the development makes a public facility impracticable. Names and addresses shall be from the latest records of the county revenue office and accuracy of the list shall be the Subdivider’sapplicant’s responsibility. Where land adjacent to the subject property involves leasehold property, the names and addresses of the landowner and the leasehold tenant improvements shall be notified. Upon application for a mMajor sSubdivision, vVillage sSubdivisions and Multiple Occupancy Projects, the following community meeting information must be provided: i. Copy of notice mailed to adjacentneighboring properties for the community meeting stating date, time, location, nature and subject of the meeting. ii. Copy of site plan or other descriptive information discussed iii. Attendance sign in sheet. iv. Meeting minutes v. Written comments in lieu of attendance if provided 2. Sketch Plat An informal review may be scheduled before the Planning Commission if the item is placed on the agenda of regular or special meeting of the Planning Commission. At the pre- application meeting, the Subdividerapplicant may provide a sketch plat, drawn to a scale of not more than 1:100. A sketch plat shall include the following information: a. Name, address, and phone number of the Subdividerapplicant and the agent preparing the sketch plat; b. Graphic scale and north arrow; c. Proposed land uses; d. Proposed name of sSubdivision; e. Current zoning and district lines; f. Total acreage of the site; g. Proposed lot lines and approximate dimensions; h. Proposed utility and street locations with approximate dimensions; i. Proposed parcels for open space or public use with approximate dimensions; j. Approximate topography; and Article IV Section B. Procedure for Plat Approval Pre-Application and Sketch Plat k. Any existing facilities on or adjacent to and within 660 feet of the parcel, including streets, utilities, or parks; l. Any other information essential to the purpose for which the sketch plat will be used. C. PRELIMINARY PLAT: Submission requirements shall be submitted to the Planning Director and/or his/her authorized agent not later than the date and time specified in the commission's official agenda schedule for the particular meeting at which application is to be considered. 1. Submission Requirements – Applications for a pPreliminary pPlat shall include the pPreliminary pPlat and all plans for staff review demonstrating compliance with these Regulations. Two (2) copies of the pPreliminary pPlat and two copies of all plans shall be submitted initially for staff review. Following staff review and comments, formal submission of the pPreliminary pPlat shall include eighteen (18) copies of the pPreliminary pPlat and one (1) copy of all plans. Submittals shall include the following information, plans, and forms: a. The Preliminary Plat application form supplied by the City b. The Preliminary Plat including: (1) A vicinity map at a scale not less than 1: 9600. (2) Name and location of the proposed sSubdivision, and names and location of any adjacent sSubdivisions. The name of the proposed sSubdivision shall not duplicate or closely approximate the name of any other sSubdivision covered by these rRegulations. The Planning Commission shall have the final authority to designate the name of the sSubdivision. (3) Names and addresses of Subdivider,owner, designer, applicant agent and all associated investors and record owners of lands immediately adjacent to sSubdivision. (4) North point, linear and graphic scales, and date (5) Contour map at two-foot interval (6) Blocks and lots with dimensions and bearings shown for all lot lines and boundaries. (7) Building set back lines shall be shown on the plat as required by the zoning ordinance or in absence of zoning, as required by deed restrictions. (8) Plan and profiles of all proposed utility with connections to existing utility system and all proposed improvements. Approval of private utility connections for water and sewer shall be subject to the standards of Article VIII, Sections EF. and GH., respectively of these Fairhope Subdivision Regulations, and Chapter 12 of the Code of Ordinances of the City of Fairhope. The Subdividerapplicant shall submit one copy of utility letters stating availability of service. Utility letters and layout must be submitted from electric, water, sewer, phone, trash provider, and gas (if applicable), stating the property may be adequately served by such utility. (9) Location and dimensions of lands to be dedicated or reserved for parks, open space or other public use (10) The existing zoning classification of the sSubdivision and all contiguous lands, where zoning exists. Where there is no zoning in effect, the proposed use of the lots shall be shown on the plat. (11)Flow model data submitted to the standards of the City of Fairhope Water Department. (12) A street lighting plan. Article IV Section D. Procedure for Plat Approval Final Plat (13) Tree protection plan shall be submitted for all required street trees or trees over 20” DBH. Tree protection fences shall be installed prior to land disturbance activities. (See Appendix G) (14) Minimum finished floor elevations for every lot. (15) Submit a topographic survey with an aerial photograph with plat overlay. (16) SubdividerApplicant shall submit a pedestrian plan. (17) Plans shall include a site data box including, but not limited to, the total acreage of the site, the acreage of common area, the number of lots, the square footage for each lot, the site density, and the number of units proposed. (18) SubdividerApplicants shall provide site data and all applicable permits relative to items such as soils, wetlands, flooding, drainage, natural features and potential archeological features. (19)Maximum drawing sizes and scale shall be limited to 24"x 36” and 1:100, respectively. (20) SubdividerApplicant shall submit all plats, plans, drawings, renderings, applications, checklists, images, narratives, and any and all preliminary sSubdivision application materials digitally in Adobe PDF format or as otherwise specified in these rRegulations. c. A street plan including but not limited to: (1) The location of existing and proposed streets within and adjacent to the sSubdivision (2) Widths and purpose of existing and proposed rRights-of-way and eEasements (3) Clear identification of right-of-way and location of any street which is part of the Master Plan (4) Indicate proposed curb radii for each street intersection or significant street curves. (5) Proposed street names (6) Typical section for proposed streets, centerline profiles of all proposed streets with finish grades, at a scale of: 1"=50' horizontal and 1"=5' vertical, or 1"=100' horizontal and 1"=10' vertical, d. A drainage plan, prepared by a registered professional engineer, including proposed method of storm water detention and means of controlling erosion during construction. Any portion of the land in the proposed sSubdivision subject to periodic inundation by storm drainage, overflow or ponding shall be clearly identified on the plat. Lands lying within the flood plain, V or A Zones, shall be clearly identified on the plat. Storm-water detention facilities shall be shown in the plans and calculations provided. e. Engineering plans. All engineering plans shall be signed and stamped by the registered professional engineer of record. f. Where a phased development is proposed, the pPreliminary plat shall include all phase lines and a master development plan showing the continuity of development proposed for the entire project. Each phase shall satisfy the requirements of these rRegulations individually. g. If any state right-of-way or any improvement thereon is proposed to be changed or modified, a detailed Highway Improvements Plan, with the written approval of the responsible official of the Alabama Highway Department, showing all existing features within the rRights-of-way and all proposed changes, including, but not Article IV Section D. Procedure for Plat Approval Final Plat limited to, changes in traffic patterns, markings, signs, curbs and barriers, neutral zones, signals, warnings, plantings and landscaping. There shall be submitted with and as a part of the Plan a written statement setting forth means proposed for traffic control and safety during construction and for restoration of the site. All of the foregoing shall also apply to rRights-of-way controlled by the County, except that the County Engineer's approval shall appear on the Plat to be reviewed by the Planning Commission. h. Traffic Data and Traffic Study – Applications shall include trip generation data showing the projected average daily traffic (ADT) in a 24-hour period and projected peak-hour traffic generated by the development in the sSubdivision application. Peak hour traffic shall generally be the hours between 7 A.M. and 9 A.M. for morning and 4 P.M. and 6 P.M. for the evening and include the consecutive 60 minute segment in which traffic counts are projected to occur. In instances where the proposed application will have peak periods that differ from the general peak periods above, the Planning Commission may require that the analysis be conducted for the alternative peak periods. Trip generation data shall be based on the most recent edition of the Institute of Traffic Engineer’s Trip Generation Manual or actual data about similar developments in Alabama with the same types of uses and site conditions. A traffic study shall be required for all applications that will generate an average daily traffic (ADT) count of 1,000 trips or more, or which will generate 50 trips or more during any peak hour period. An agent selected by the City and paid for by the Subdividerapplicant shall perform the traffic study. The traffic study shall be used to determine what on-site and off-site street or traffic improvements may be necessary due to the development. The Planning Commission may condition the approval of the application on the Subdividerapplicant paying for or constructing those improvements or portions of improvements that are needed due to the traffic impact of the application based on all potential land uses. The traffic study shall include the following data along with an analysis of the data: (1) Estimates of trip generation for the proposed development showing projected inbound and outbound vehicle trips for morning and evening peak periods to identify the maximum combined hourly traffic volume associated with the peaking characteristics of the site development combined with the adjacent street traffic. (2) Projected traffic impact and trip distribution on existing and planned streets within the development and at major signalized and unsignalized intersections within ½ mile of the project site (study area) areas likely to be impacted by the development. Intersections of particular concern to the City may be added or omitted from the traffic study at the direction of the Planning Director; (3) Assignment of trips generated by the proposed development on existing and planned streets within the development and areas likely to be impacted by the development and within the project study area; (4) Intersection turning movements and traffic counts on all existing and planned intersections likely to be impacted by the proposed development. Traffic counts must be less than 3 years old to be used as base volumes for the traffic analysis; (5) Corresponding intersection levels of services shall be calculated for the peak periods for the intersections within the study area, utilizing the Highway Capacity Software (HCS) latest version, or Synchro traffic software, for the existing conditions and opening year of the project site. Intersections shall be considered deficient if Level of Service (LOS) D is exceeded, and improvements to meet this LOS threshold shall be identified; Article IV Section D. Procedure for Plat Approval Final Plat (6) Site access volumes and major unsignalized intersections within the study area shall be evaluated using the Manual on Uniform Traffic Control Devices (MUTCD) to demonstrate the need for installation of a traffic control signal, (7) Auxiliary turn lane requirements shall be evaluated at the site access points to identify if right turn and left turn ingress lanes are needed. Site access points that generate 40 or more right turns in one hour will be required to construct a right turn ingress lane. The need for constructing a left turn ingress lane shall be considered based on the Appendix criteria for left turn lane warrants; (8) Potential mitigating measures or trip reduction options. i. List of Name(s) and address(es) of a person to whom notice of a hearing shall be sent, and the names and addresses of all owners of land immediately adjoining the proposed sSubdivision as their names appear upon the plats in the county tax assessor’s office, which will be certified or otherwise verified by the County, on the tax records of the County. j. The applicant shall post on any specific property, which is the subject of the application, on a sign facing each adjacent public street. The sign shall be furnished by the City at the time of application giving notice of the hearing. The sign shall be posted no later than 15 days prior to the hearing before the Planning Commission. It is the sole responsibility of the Subdividerapplicant to post the sign in accordance with these rRegulations. Failure to post this sign may result in nullification of the sSubdivision application and approval. k. In the case of applications for a preliminary plat outside the City limits but within the jurisdiction of these regulations, the applicant shall be required to submit evidence in writing that plans for the subdivision shall have been received by the County Engineer for his/her review. lk. Filing fee as specified in the City’s most recent schedule of fees. 2. Staff review – SubdividerApplicants for a pPreliminary pPlat shall first submit the pPreliminary pPlat and plans to the Planning Director and/or his/her authorized agent for staffs review. The Director shall determine if the submittals meet all of the requirements of Article IV, Section C.1., above. Incomplete, partial, or inaccurate submittals will not be accepted, but will be returned to applicant for re-submission for a later hearing. Staff shall review the application and provide comments to the Subdividerapplicant. Following staff review and comments the Subdividerapplicant shall submit revised drawings for review by staff and the Planning Commission. The revised plans submitted shall reflect staff’s initial review comments. 3. Planning Commission Hearing and Review – Complete formal applications will be placed on the next available Planning Commission agenda for submittal to the Planning Commission and a hearing and review by the Planning Commission. Notice shall be sent to the Subdividerapplicant and owners of land immediately adjoining the platted land stating the time and place of the hearing. The Subdividerapplicant shall post on any specific property, which is the subject of the application, on a sign facing each adjacent public street. The sign shall be furnished by the City at the time of application giving notice of the hearing. The sign shall be posted no later than 15 days prior to the hearing before the Planning Commission. It is the sole responsibility of the Subdividerapplicant to post the sign in accordance with these rRegulations. Failure to post this sign may result in nullification of the sSubdivision application and approval. 4. Planning Commission Decision – Article IV Section D. Procedure for Plat Approval Final Plat a. After review of the proposed pPreliminary pPlat by the Planning Commission, the Planning Commission may: (1) Approve the pPreliminary pPlat; (2) Approve the pPreliminary pPlat with conditions; (3) Deny the pPreliminary pPlat with stated reason(s) for denial; or (4) Table the application for further study and additional information. b. Preliminary pPlat approval shall not constitute final acceptance of the sSubdivision and the approval shall not be endorsed upon the plat. As provided by state law, these rRegulations require tentative or preliminary approval of a sSubdivision before installation of streets and utilities. c. There is no provision for automatic preliminary approval upon the failure or refusal of the Planning cCommission to act on a pPreliminary pPlat. The Subdividerapplicant's alternative in such case is to finalize the plat, post a financial guaranty as provided by law to ensure installation of improvements and then to apply for fFinal pPlat approval. d. Upon approval of the pPreliminary pPlat, the sSub-divider may apply for a Pre- construction Conference and install all required improvements in substantial conformity of all requirements of the rRegulations, applicable codes, and laws, and apply for fFinal plat approval e. When the Planning Commission denies a pPreliminary pPlat, no further sSubdivision applications affecting the same parcel or a portion thereof will be considered by the Commission within 180 days from the date of such denial, unless all of the following occur: (1) A new pPreliminary pPlat application is submitted which clearly corrects, resolves, or mitigates all of the design standard deficiencies and/or other reasons which were the basis of the original pPreliminary pPlat denial; and (2) A new, complete application and fees are submitted. f. Upon the decision rendered by the Planning Commission, the Planning Department will issue a letter to the Subdividerapplicant regarding the official decision of the Planning Commission. 5. Pre-construction Conference – An onsite pre-construction conference with City representatives is required prior to initiation of any land disturbance activities. Construction of said improvements shall in no way obligate the Commission to grant Final Approval of the Plat, nor shall it obligate the City Council to accept such improvements for public maintenance. No Subdividerowner or contractordeveloper shall proceed with any site work under authority of pPreliminary pPlat approval until the completion of the pre-construction conference. 6. Expiration and Revocation - a. Any substantial deviation from the approved submittals during construction or failure to provide for traffic control, safety, environmental protection controls and/or best management practices and restoration of the site shall be grounds for the immediate suspension of the Preliminary Plat Approval and/or issuance of a stop work order. The Planning Commission shall have the power to reinstate Preliminary Approval when it is satisfied that conditions resulting in suspension have been mitigated. b. If a fFinal pPlat is not submitted within two years or less after preliminary approval has been given, the preliminary approval shall expire and the pPreliminary pPlat shall be null, void and of no force or effect. Article IV Section D. Procedure for Plat Approval Final Plat Article IV Section D. Procedure for Plat Approval Final Plat D. FINAL PLAT: Prior to expiration of pPreliminary pPlat approval, Subdividerapplicant may submit eighteen (18) copies of the Final Plat to the commission staff for review and, if in compliance, placement on the Planning cCommission agenda. 1. Submission Requirements – The staff shall not place any proposed Final Plat on the agenda for review until staff has received the following items: a. Either a financial guaranty (in the form of a maintenance bond or Letter of Credit) in an amount and form acceptable to the City Council as a guarantee for the installation of required improvements or the determination of the City's agents General Superintendent that all required improvements have been installed to the City's requirements. b. Final Plat and Final Plans showing all information required by and meeting requirements of Article IV., Section C.1. and the following additional information: (1) Location of all blocks and lots with numbers in final numerical order. (2) Sufficient data to determine and to reproduce on the ground the location, bearing and length of every road line, block line, boundary line, and building line, whether curved or straight, and including the radius of arc, central angle, length of tangent and length of curve for the centerline of all roads or streets and for all property lines. Dimensions shall be shown to the nearest 1/100 foot and bearings to the nearest 15 seconds. (3) Storm-water culverts and appurtenances, their sizes and locations. (4) Street Tree Plan shall be submitted showing the location of all planted street trees. (5) Final plans and calculations for utility layouts. (6) Location and descriptions of monuments at block corners and iron pins at lot corners. (7) Delineation on plans or plat of clear sight triangles as required by Article V., Section D.5.b.(5). (8) Owner and Lien-holders Certificates of Dedications for Streets or other public use. (9) Where streets stubs are provided, said stubs shall provide access to abutting properties. The Subdividerapplicant shall include a note on the plat providing notice that said stub shall provide future access to abutting properties. (10)Certificate for Planning Commission Approval. (11)Surveyor's Certificate on Plat, Engineer's Seal and Certificate on Plans. (12)Provision for Recording Certificate. (13)Signature blocks for all utility providers. (14)Certificate for County Engineer's approval for plats outside of the City limits. extra-territorial plats. (15)Plans shall include a site data table box including, but not limited to, the total acreage of the site, the acreage of the common area, the number of lots, the density, the gross floor area for buildings, and the number of units proposed. (16)Submission of a digital and/or video image, reflecting a date and time stamp, of the storm drains to ensure drainage structures are undamaged and free of debris and sediment. (17)A Maintenance Plan for maintenance of detention facilities during development and documents providing for continued maintenance after Article IV Section D. Procedure for Plat Approval Final Plat completion of development and sale of all lots, such documents running as a covenant with the lands. (18)The engineer shall perform the supervision of construction, the fFinal pPlat shall have the following engineer’s certification: “ENGINEER’S CERTIFICATE” “I, the undersigned, a Registered Engineer in the State of Alabama holding Certificate Number ______, hereby certify that I have designed the within improvements in conformity with applicable codes and laws and with the principals of good engineering practice. I further certify that I have observed the construction of the within improvements, that the same conforms to my design, that the within is a true and accurate representation of improvements as installed and that said improvements are hereby recommended for acceptance by the City of Fairhope, Alabama. ____________________ Project Engineer ____________________ Date ____________________ Name of Project to which the Certificate Applies Plans which are certified consist of Page _____ thru _____, each of which bears by seal and signature.” (19)All fFinal pPlats, plans, drawings, as-built drawings, renderings, applications, checklists, images, narratives, and any and all sSubdivision fFinal pPlat or final approval application materials shall be submitted in an ADOBE PDF format or as otherwise required in these rRegulations. (20)ESRI ArcMap Shapefiles including, but not limited to locations of: street centerlines, sidewalk centerlines, curb lines (including back of curb), property corners, lot lines, and edge of pavement. 2. Phased Plats – A fFinal pPlat that includes only a portion of the land area of an approved pPreliminary pPlat shall correspond to the phase lines on an approved pPreliminary pPlat. 3. Staff Review – SubdividerApplicants for a fFinal pPlat shall first submit the fFinal pPlat and plans to the Planning Director and/or his/her authorized agent for staff’s review. The Planning Director shall determine if the submittals meet all of the requirements of Article IV, Section D.1., above. Incomplete, partial, or inaccurate submittals will not be accepted, but will be returned to Subdividerapplicant for re-submission for a later hearing. Staff shall review the application and provide comments to the Subdividerapplicant. Following staff review and comments the Subdividerapplicant shall make a formal application for submittal to and review by the Planning Commission. 4. Final Inspections – SubdividerApplicants shall submit a letter of verification prepared by the SubdividerApplicant’s engineer certifying that all punch list items from the final inspections have been satisfactorily completed. A fee of $1000.00 will be charged for all re-inspections caused by incomplete punch lists. 5. Planning Commission Submission and Review – Complete applications will be placed on the next available Planning Commission agenda. On the date of the scheduled meeting, Article IV Section D. Procedure for Plat Approval Final Plat the application will be submitted to the Planning Commission for review. Final pPlats in substantial conformity with an approved pPreliminary pPlat may be approved by the Planning Commission. 6. Planning Commission Decision – a. After review of the proposed fFinal pPlat by the Planning Commission, the Planning Commission shall: (1) Approve the fFinal pPlat; (2) Approve the fFinal pPlat with conditions; or (3) Deny the fFinal pPlat with stated reason for denial; b. If the plat is disapproved, the reason(s) for such disapproval shall be noted in the minutes of the Planning Commission and a letter shall be transmitted to the Subdividerapplicant stating the reasons for disapproval. c. The Planning Commission may table the fFinal pPlat for further investigation, discussion, and reconsideration. d. Upon the decision rendered by the pPlanning cCommission, the Planning Department will issue a letter to the Subdividerapplicant regarding the official decision of the pPlanning cCommission regarding the site proposed. 7. Recording – ApplicantSubdivider is responsible for recording of the Final Plat and approval shall be null and void if the Final Plat is not recorded within 120 days after the date of final approval; provided, however, that the Planning Commission may, on finding of good cause, extend that 120- day period. The Subdividerapplicant shall provide a copy of the recorded Final Pplat; failure to do so shall result in the denial of the issuance of the building permits within the sSubdivision. E. PROCEDURE EXCEPTIONS: 1. Minor Subdivisions - For platting of four (4) or fewer lots, where there are no new streets or rights-of-way, no new utility mains, or any other public infrastructure (hereinafter “streets or public infrastructure”) required, application for simultaneous preliminary and final approval may be made to the Planning Commission. Submittals shall in all other respects meet the minimum requirements of these rRegulations. 2. Replat - Lot line adjustments may be approved administratively by a rReplat approved by the Planning Director and/or his/her authorized agent without review by the Planning Commission, provided that no new lots are thereby created and that no lot is reduced below the minimum size otherwise required by the provisions herein or by provisions of the Zoning Ordinance. The rReplat shall otherwise comply with all requirements of Article V, Section E. Lot Standards. A rReplat shall require the submission of a sketch plat as specified in Article IV, Section B.2., except that the location and dimension of lot lines, and existing facilities shall be exact. Additionally, a rReplat may be required by the Planning Director to resolve discrepancies between lots of record and tax parcels comprising multiple lots. Article IV Section F. Procedure For Plat Approval Village Subdivision F. VILLAGE SUBDIVISION: 1. Purpose - The sSubdivision standards established in these rRegulations are the minimum required standards to promote the health, safety and welfare of the jurisdiction, promote good civic design, and implement the goals of the Comprehensive Plan. The Village Subdivision regulations in this Section F. are intended to provide an alternative to the standard sSubdivision rRegulations. The Village Subdivision regulations in this Section F. encourage imaginative design, planning, and environmental sensitivity based on a comprehensive, site-specific plan, and which enhance the developments ability to implement the Comprehensive Plan. The Subdividerapplicant may elect to apply for these alternative standards at its sole discretion. Use of these alternative standards requires a minimum of three (3) acres of property. 2. Application/Approval Procedures - a. The application procedure for a Village Subdivision shall be the same as for any Preliminary or Final Plat. Fees shall be paid accordingly. b. A Site Plan that adheres to the requirements below shall be submitted to the Planning Commission for consideration prior to or in conjunction with the Preliminary Plat. c. A Site Plan as approved becomes the tool that governs development of the property. Any and all plats of the property must be in substantial conformance with the site plan as determined by the Planning Director and/or his/her authorized agent. A site plan may not be substantially modified after approval without the re-approval of the Planning Commission. 3. Site Plan Required - A Site Plan is required to be submitted. The site plan is the instrument on which the plat for the project is based. All site plans shall provide, in addition to the information on a Preliminary and Final Plat, the following information: a. Application form supplied by the City and appropriate fee; b. Name and address of the Subdivider,owner, designer, applicant agent, and all associated investors participating in the preparation of the site plan and record owners of lands immediately adjacent to the sSubdivision; c. North-point, Scale limited to 1:100, Vicinity Map limited to 1:9600, and the date of preparation of the plan; d. Existing zoning, if any, and uses of contiguous land; e. Size and location of all existing features including trees greater than 24” in diameter, significant tree stands, drainage channels, streams, ponds, lakes, or other natural features; f. Classification and mixture ofr all proposed buildings within the site plan; g. Architectural features, including building elevations, exterior material, and roof pitches of all building classifications within the site plan; h. Size, location, and sufficient dimensions of all buildings and improvements within the site plan to indicate their size and relationship to all proposed and existing streets, lot lines, and structures and improvements within or contiguous to the site plan; i. Covenants and restrictions that will be recorded with the site plan and plat, and will run with the property; j. Density in dwelling units per acre for residential uses and Floor Area Ratio for non-residential uses; Article IV Section F. Procedure For Plat Approval Village Subdivision k. Location and dimension of all site improvements including sidewalks, pedestrian paths, streets, lanes, driveways, and parking areas; l. Landscape plan for all private property and common areas within the site plan including the location, landscape elements, lighting, and other public or private amenities; m. Landscape plan for all public areas, streetscapes, and greenspace, including location, dimensions, landscape elements, lighting and other public amenities; n. Proposed phases of the site plan, if any, clearly showing phase lines and approximate time frames for construction of each phase; o. A topographical site plan with an aerial overlay submitted on a digital copy of all plans in an Adobe PDF format. p. Plans shall include a site data table box including, but not limited to, the total acreage of the site, the acreage of the common area, the number of lots, the density, the gross floor area for buildings, and the number of units proposed. q. Names and addresses of all contiguous property owners of record; r. A comprehensive narrative statement describing the proposed uses of all land, structures, and improvements, and explaining the function and operation of the site plan as a whole; and s. Additional data as the Commission requires. 4. Site Plan Approval - The Site Plan approved by the Planning Commission stands for six months from the date of approval. If the pPreliminary pPlat is not submitted for approval within the six months after site plan approval, the approval becomes null and void. Review and re-approval shall be required for any new plan, or the same or similar plan, according to the standards and procedures of this section. Following the review and approval of a Preliminary or Final Plat associated with a Site Plan, the Site Plan shall be valid for the period of the Preliminary or Final Plats validity. 5. Conformity with Subdivision Regulations - Any plat for the Village Subdivision must conform to all procedures and standards of the Subdivision Regulations, except where modification of the design, planning, and public improvements have been approved by the Planning Commission. The Planning Commission may modify the required standards of the subdivision rRegulations based on clear and convincing proof presented by the applicant, that each alternative standard proposed directly implements goals of the Comprehensive Plan and purposes of these rRegulations more effectively than the standard regulations. G. TOURISM RESORT DISTRICT EXEMPTIONS: 1. Purpose – The provisions of this Article IV, Section G shall only apply to real property zoned as a Tourism Resort District (“TR District”) under the Zoning Ordinance of the City of Fairhope. The TR District zoning classification is intended to encourage the development of land as part of a planned community, encourage flexible and creative development concepts of site planning, preserve the natural amenities on the land by encouraging scenic and functional open space, accomplish a more desirable environment than would be possible through the strict application of zoning and sSubdivision regulations, and provide a stable environmental character compatible with surrounding areas. Accordingly, this Article IV, Section G provides alternatives to the standard Article IV Section G. Procedure For Plat Approval Tourism Resort District Exemptions 2. Ssubdivision rRegulations of the City and further alters, amends and exempts the TR District property from certain provisions of the City’s Subdivision Regulations. The provisions of this Article IV, Section G apply to all real property zoned as part of a TR District but do not apply to any other zoned property within the municipal limits of the City. or any property located outside the municipal limits of the City but within the City’s planning jurisdiction. 3.2. Specific Development Exemptions – Notwithstanding anything provided to the contrary in these Subdivision Regulations or any other ordinances, regulations or requirements of the City, the following provisions shall apply to all real property (the “Property”) which is zoned as a TR District within the City: a. Private roadways, streets, lanes and alleys shall be allowed within all or any portions of the Property. Subdivisions of any portion of the Property shall be approved if the subdivided lots are accessed by or through private roadways, streets, lanes and alleys or via common green space or open space. Subdivision plats shall indicate whether roadways, streets, lanes and alleys are private. All subdivided lots within the Property which are provided with access via private roadways or alleys shall be granted permanent, non-exclusive access easements over such private roadways pursuant to either separate easements or the restrictive covenants for such lots. Furthermore, the restrictive covenants applicable to subdivided lots within the Property or each sSubdivision plat for any portion of the Property which is accessed via private roadways will grant access easements over any private streets or roadways within the Property for public emergency vehicles (i.e., police, fire and ambulance), utility vehicles (for maintenance and repair and meter reading, etc.), garbage collection vehicles and all other governmental vehicles and employees in connection with the performance of their required governmental services. b. Gates or other controlled access measures shall be allowed in the rRights-of-way of any private roadways, streets, lanes and alleys within the Property. c. Alleys, bike lanes and lanes may be utilized within any portions of the Property but are not required. d. All streets and roadways within the Property shall constitute “local” streets under the Subdivision Regulations; provided, however, that the minimum rRight-of-way widths for all such streets, roadways and lanes/alleys within the Property shall be as follows: Primary Access Roadway (to be designated in the TR District Zoning Application submitted by A Subdividern applicant to the City pursuant to the Tourism Resort District zoning requirements) 50 ft. ROW Neighborhood Streets (all streets/roadways within Property other than the Primary Access Road or Lanes/Alleys) 40 ft. ROW Lanes/Alleys 20 ft. ROW Street sections reflecting the minimum pavement width and rRight-of-way width for each of the foregoing shall be set forth in the Subdividerapplicant’s TR District Article IV Section G. Procedure For Plat Approval Tourism Resort District Exemptions Zoning Application (as required by the TR District zoning provisions of the City’s Zoning Ordinance). All streets, roads and alleys/lanes constructed within the Property which satisfy the minimum requirements shown on any street sections attached to an Subdividerapplicant’s TR District Zoning Application (once approved by the City) shall be deemed approved by the City. e. No portion of the Property shall be required to provide access to Abutting/Contiguous property. Reserve strips for controlling access to streets, lanes, alleys and utilities shall be allowed within the Property. f. Cul-de-sacs shall be allowed throughout the Property without regard to the length of the street or road constituting such cul-de-sac. g. Planting strips along, and street trees adjacent to, rRights-of-way of any streets, roads, alleys or lanes shall be optional but are not required. h. Curbing and gutters shall not be required for any streets, roads, alleys or lanes within the Property. Alternative storm water and surface water drainage measures shall be acceptable if the same follow best management practices. i. Bicycle, jogging and similar paths, lanes and crossings may be constructed within the rRights-of-way of any private roadways. In addition, street and access lighting (including street lights), irrigation systems, landscaped areas, project identification signage, permanent street and directional signage and decorative walls may be located within the rRights-of-way (including medians) of any private roadways within the Property. Any such irrigation systems, landscaped areas, signage and decorative walls shall be maintained by the owners’ association established for that portion of the Property served or benefited by the same. Applicant may elect to utilize non-standard traffic signage within any portions of the Property so long as such non-standard signage complies with the minimum requirements of the Manual on Uniform Traffic Control Devices or other regulations of the State of Alabama governing signage. j. All utilities shall be installed underground and may be located within the rRights-of- way of any private roadways immediately adjacent to the pavement (and curbing, if any) in order to minimize clearing, grading or destruction of trees and plant life. The City will operate and maintain all water and sanitary sewer lines, pipes, wiring, conduit, manholes, lift stations and other apparatus installed within the rRights-of- way of any public or private roadways or alleys within the Property which provide City-provided water and sanitary sewer services so long as (i) such utility lines have been constructed and installed in accordance with all requirements of the City regarding underground utility line installation, including, without limitation, the execution of maintenance agreements and the posting of maintenance bonds for such utilities (which requirements, agreements and bonds shall be the same uniform requirements, agreements and bonds as applied to all other property within the municipal limits of the City) and (ii) the City has been granted easements for the installation and maintenance of such utility lines within such rRights-of-way. k. The shoulder of any roadways within the Property may remain at natural grade in order to preserve and save trees and other plant life which may be located or maintained on the shoulder of or adjacent to such roadways. Article IV Section G. Procedure For Plat Approval Tourism Resort District Exemptions l. The TR District Zoning Application for any Subdividerapplicant shall set forth street profile criteria for any private roadways, lanes or alleys to be constructed within the Property. Any deviation from the minimum requirements set forth in such street profile criteria attached as part of a TR District Zoning Application must be approved by the City’s Planning and Building Director or any other individual employee of the City designated by the City’s Planning and Building Director to act on his or her behalf. m. No public improvements to the Property shall be required and no portions of the Property shall be required to be dedicated or otherwise conveyed to the City for public improvements (e.g., fire and police stations, libraries, schools, etc.). n. Sidewalks shall not be required within the Property. In lieu thereof, a pedestrian plan (the “Pedestrian Plan”) shall be submitted by the Subdividerapplicant as part of the applicant’s TR District Zoning Application. The Pedestrian Plan should illustrate applicant’s desire to create a pedestrian-connected, walkable community plan within the residential areas of the Property. All future parcel developments will be connected into the network of pedestrian sidewalks and trails thus providing residents of the Property access to the other natural resources and amenities located throughout the Property. o. Street lights shall not be required within the Property. Any street lights constructed within the rRights-of-way of any private roads within the Property will be maintained by one or more owners’ associations to be established in connection with the development of the Property. In no event shall the City be obligated to maintain any such street lights constructed within the rRights-of-way of any private streets within the Property. p. As long as any green space and/or open space within the Property is privately owned (whether by Subdividerapplicant, a third party or any owners’ association), access to the same may be limited and restricted. q. Individual mailboxes shall be allowed for each residential lot within the Property (regardless of lot size or width), which mailboxes may be situated within the rRights- of-way of any private street abutting such lot. r. Looped streets of unlimited length will be allowed. s. Maximum road grades will not exceed twelve percent (12%). t. Layout of streets in residential sSubdivisions need not follow the conventional grid and square block system. u. No minimum lot frontage or area requirements shall apply for public water and public sewage service from the City or any other utility service providers. v. All drainage facilities within the Property will be designed only taking into account the existing, unimproved condition of upstream watershed areas. No increased Article IV Section G. Procedure For Plat Approval Tourism Resort District Exemptions capacity in drainage facilities or upsizing of lines and other drainage improvements for the Property will be required for contemplated future development of any upstream watershed areas. w. Erosion and sedimentation control measures, structures and devices will provide controls based on the requirements of the Alabama Department of Environmental Management for the issuance of NPDES Permits. x. Golf carts will be allowed to traverse all private streets within the Property. y. Buffer strips otherwise required per Article V, Section E, Paragraph 6 of these Subdivision Regulations in residential areas shall not be required in a TR District. z. Any proposed condominium development must be developed on a subdivided lot. Except for the sSubdivision of the lot for the proposed condominium development (which sSubdivision must be approved by the City’s Planning and Zoning Commission), no other requirements in the Subdivision Regulations shall apply to the proposed condominium development. aa. Double frontage lots will be allowed without any minimum greenbelt requirements. SubdividerApplicant shall designate on any double frontage lots only one (1) front Build-To Line (to be established in the Subdivider’s applicant’s TR District Zoning Application) and the other lot line which fronts a street or road shall constitute a side lot line and shall be subject to the side Build-To Line limitations established in the applicant’s TR District Zoning Application. bb. The TR District Zoning Application shall designate storm frequency design for any storm water drainage facilities within the Property. cc. In addition to pavement materials specified in or allowed by the Subdivision Regulations, pavement base may also include any other materials which meet the Alabama Department of Transportation Standards and Specifications for Highway Construction, then current edition. dd. Signage within the Property shall comply with the City’s signage regulations set forth in the City’s Zoning Ordinance in effect as of the date of adoption of this amendment to the City’s Subdivision Regulations. ee. Walkways, footpaths, foot bridges, beaches, piers, docks, roads, bridges and utility lines and other apparatus are allowed within any buffer areas required by the City’s Zoning Ordinance and Subdivision Regulations for any stream, shoreline, wetland or other waterway banks or areas. 4.3. Specific Exceptions from Subdivision Regulations -- In addition to the exceptions and exemptions granted pursuant to Paragraph 2 above, the following provisions of the Subdivision Regulations shall not be applicable to the Property and the Property shall be deemed to be exempt from all of the following: a. Article II: The definition of “Retention Facility” is changed to read as follows: Article IV Section G. Procedure For Plat Approval Tourism Resort District Exemptions “Retention Facility: A storm water management facility providing storage of storm water runoff without subsequent discharge and is commonly used to describe practices that retain a runoff volume (and hence have a permanent pool) until it is displaced in part or in total by the runoff event from the next storm.” b. Article IV: Sections C1b(12), C1b(16) and C1b(18) [in lieu of the submissions required in Section C1b(18), Subdividerapplicant shall provide copies, when available, of all permits received from the United States Army Corps of Engineers and Federal Emergency Management Agency]; Section C1f(2) [the plat will reflect street widths (both pavement and right-of-way; however, compliance with the street sections set forth in a Subdivider’sn applicant’s approved TR District Zoning Application shall be deemed compliance with all City street and lane construction requirements]; Section C1f; Section C1h [the traffic study submitted with this Application shall satisfy these requirements]; Section C2 [last sentence not applicable]; Section C4a(4) [this Section is modified by adding the following phrase at the end of said Section: “; provided, however, that if an application is tabled for more than 30 days, the application shall be deemed to have been approved.”]; Sections D1(b)(8), D1(b)(9) and D1(b)(15) [this Section is modified by adding the following phrase at the beginning of said Section: To the extent applicable or known, “]; Section D5 [last sentence, change “may” to “shall”]; Section F; and Section G. c. Article V: Section A [the provisions of the Subdivision Regulations apply to all of the Property except to the extent modified, amended, excepted or waived by this Application]; Sections B2b and B2e; Section C; Section D1 [this Section shall only apply to the Property but not to any Adjoining/Contiguous property]; Section D2 and Table 5.2 [only local street and lane provisions apply to the Property]; Sections D3a, D3b and D3e; Sections D4a, D4b and D4c; Section D5a; Sections D5b(4)(c); D5b(4)(d), D5b(4)(e) and D5b(4)(f); Table 5.4 [all roads within the Property will have a posted speed limit of 20 mph]; D5c [traffic calming devises are allowed but not required]; Section D5d(2) [this Section is revised to provide that with respect to vertical curves, every changing grade shall be connected by a vertical curve so constructed as to provide a minimum sight distance of 200 feet, measured from a driver’s eyes which are assumed to be 3 ½ feet above the pavement surface, to an object 2 feet high on the pavement]; Section D5d(4) [this Section is revised to provide that all references therein to “seven percent” are changed to “ten percent”]; Sections D6 and D7; Sections E2, E3, E5 and E6; Section F8f [this Section is amended to provide that with respect to General Application BMPs, Bioretention Areas shall achieve a 90 percent TSS reduction]; Section F9b [the second sentence of this Section is deleted in its entirety since no public drainage easements will be created on the Property]; and Section G. d. Article VI: Sections C and D; and Section E5 (third paragraph on page 63 of the Subdivision Regulations) [at the end of the first sentence, add the following: “Less cover may be approved by the City’s Planning and Building Director or any other individual employee of the City designated by the City’s Planning and Building Director to act on his or her behalf in shallow burial situations.”]. e. Appendix A, Table 5.3. Article IV Section H. Procedure for Plat Approval Multiple Occupancy Projects f. Appendix B. 5.4. Intent – It is the intent that the provisions of this Section G of Article IV apply to all Property which has been zoned as part of a TR District. Accordingly, in the event of any conflict or ambiguity between the terms and provisions of this Section G of Article IV and any of the other sections, articles or provisions of the Subdivision Regulations, the terms and provisions of this Section G of Article IV shall at all times control. 6.5. Amendments – Following the zoning of any Property as a TR District (as evidenced by the City’s approval of a TR District Zoning Application for such Property), no subsequently adopted amendments to or modifications of the Zoning Ordinance (including subsequent modifications to this TR District zoning classification), no amendments to or modifications of the City’s Subdivision Regulations and no other ordinances adopted by the City which alter, change, modify or amend any of the matters set forth in this Section G of this Article IV or which are set forth in the approved TR District Zoning Application shall be effective with respect to the real property described in such approved TR District Zoning Application. H. MULTIPLE OCCUPANCY PROJECTS: 1. Any project that will involve or otherwise result in three (3) or more units (whether contiguous or otherwise) being constructed on real property for occupancy, regardless of the form or type of ownership or right of possession of said units, unless otherwise regulated by these Regulations in another Article and/or Section hereof, shall comply with the following terms and conditions of this Section H. 2. The Subdivider shall submit to the Planning Commission via the City of Fairhope Planning Department a pPreliminary pPlat and plans for such project, which must at a minimum, comply with the following requirements: a. Each pPreliminary pPlat and plans shall comply with the storm water requirements of Article V, Section F hereof. b. Each pPreliminary pPlat and plans shall comply with the traffic requirements of Article IV, Section C 1(h) hereof. c. Any and all improvements constructed in connection with the project shall be constructed strictly in accordance with Article VI hereof. d. The minimum setback for any building(s) constructed in connection with a project from the property lines shall be twenty feet (20’) on all sides for unzoned property. Property within City of Fairhope’s corporate limits shall comply with the minimum set back requirements of the City of Fairhope Zoning Ordinance. e. No building or other improvement to be constructed in connection with a project shall exceed thirty-five feet (35’) in height for unzoned property. The 20 foot minimum setback requirement may be increased by the Planning Commission based on the size of the building, the location of the driveways, and other factors. Property within the City of Fairhope corporate limits shall comply with the height requirements of the City of Fairhope Zoning Ordinance. Article IV Section H. Procedure for Plat Approval Multiple Occupancy Projects f. Each pPreliminary pPlat and plans shall otherwise conform to the terms of Article I, Section A hereof. g. Each pPreliminary pPlat and plans shall comply with the greenspace requirements of Article V, Section C. hereof. h. Each pPreliminary pPlat and plans shall comply with the tree protection requirements of Article V, Section D.5.a(9)-(11). 3. Each pPreliminary pPlat and plans shall be submitted for review and decision in accordance with the requirements of Article IV, Section C, and the fFinal pPlat and plans shall be submitted for review and decision in accordance with Article IV, Section D. 4. The filing fee for any project regulated in accordance with this Section H of this Article IV shall be the same as the filing fee for an application for a Minor Subdivision for four (4) or fewer units, or a Major Subdivision for five (5) or more units. 5. PROCEDURE EXCEPTION - For Multiple Occupancy Projects which include four (4) or fewer units and for which no new streets or public infrastructure is required, application for simultaneous preliminary and final approval may be made to the Planning Commission. Submittals shall in all other respects meet the minimum requirements of these rRegulations. Article V Planning Design Standards ARTICLE V PLANNING DESIGN STANDARDS ______________________________________________________________________________ A. General Applicability B. Approval Standards 1. Generally 2. Consistency with Plans, Regulations, and Laws C. Greenspace Standards 1. Purpose 2. Applicability and Requirements 3. Eligible Greenspace 4. Design Requirements 5. Street Design 6. Phased Project 7. Greenspace Maintenance 8. Hardship D. Street Standards 1. Purpose 2. Street Classification and Function 3. Street Layout 4. Block Design 5. Street Design 6. Pedestrian Area Design 7. Exceptions to Street Standards E. Lot Standards 1. Purpose 2. Lot Sizes 3. Lot Access 4. Building Areas 5. Utility Access and Easements F. Storm water Standards 1. Purpose 2. Liability 3. Submittal Requirements 4. Stream Buffers 5. Flow Control 6. Erosion Control 7. Detention and Retention Facilities 8. Post Development Water Quality Best Management Practices 9. Location and Easements 10. Maintenance 11. Required Use of Low Impact Development (LID) Techniques G. Upsizing 1. Purposes 2. Applicability Article V Section C. Planning Design Standards Greenspace Standards A. GENERAL APPLICABILITY: The provisions of these Regulations shall apply to all land within the City limits of Fairhope, Alabama now or in the future, and to all within the planning jurisdiction of the City of Fairhope, as authorized by the Code of Alabama, Title 11, Chapter 52 and Article I of these regulations. When lands proposed to be subdivided include or abut an existing street, all right-of-way shall be improved to meet the standards and specifications of these Regulations. When lands proposed to be subdivided lie outside the corporate limits of the City, the minimum design standards of Baldwin County shall apply when such standards are more restrictive than those of the City. Applicants shall be required to submit evidence in writing that plans for such subdivision shall have been received by the County Engineer for his review. All approvals of the Commission shall be subject to the more restrictive requirements of Baldwin County and the approval of the County Engineer shall be a condition precedent to approval for construction of improvements. B. APPROVAL STANDARDS: 1. Generally - According to the City of Fairhope Comprehensive Plan and Alabama law, no street, square, park or other public way, ground or open space or public building or structure or public utility, whether publicly or privately owned, shall be constructed or authorized in the municipality or in such planned section and district until the location, character and extent thereof shall have been submitted to and approved by the Commission. 2. Consistency with Plans, Regulations and Laws - The Planning Commission shall not approve the subdivision of land if the Commission makes a finding that such land is not suitable for platting and development as proposed, due to any of the following: a. The proposed sSubdivision is not consistent with the City’s Comprehensive Plan, and/or the City’s Zoning ordinance, where applicable; b. The proposed sSubdivision is not consistent with the City’s Comprehensive Plan or any other plan or program for the physical development of the City including but not limited to a Master Street Plan, a Parks Plan, a Bicycle Plan, a Pedestrian Plan, or the Capital Improvements Program; c. The proposed sSubdivision is not consistent with these Regulations; d. The proposed sSubdivision is not consistent with other applicable state or federal laws and regulations; or e. Notwithstanding that the proposed sSubdivision may satisfy the technical, objective provisions of these rRegulations, the Commission has discretion to deny a sSubdivision if there is any articulable, rational basis for a determination that the proposed sSubdivision otherwise endangers the health, safety, or welfare of persons or property. C. GREENSPACE STANDARDS: 1. Purpose - These greenspace standards shall implement the Comprehensive Plan for the physical development of the City by setting the location, character and extent of playgrounds, squares, parks, and other public grounds and greenspace to promote good civic design and arrangement. This design and arrangement shall ensure adequate and convenient greenspace for recreation. These standards shall promote the following goals in the Comprehensive Plan: Article V Section C. Planning Design Standards Greenspace Standards (a) create focal points for new and existing neighborhoods by providing appropriately located parks, schools, parkways, and other amenities; (b) support development of recreational opportunities; (c) link village centers to neighborhoods with a parks and trail system; (d) provide public gathering places; and (e) include greenspace (plaza, parks, greenspace) for social activity and recreation in new infill development. development of recreational opportunities; (c) link village centers to neighborhoods with a parks and trail system; (d) provide public gathering places; and (e) include open spaces (plaza, parks, greenspace) for social activity and recreation in new infill development. 2. Applicability and Requirements - The regulations in this Section C. shall apply to any development, whether or not in the City Limits. Greenspace amounts to be provided shall be calculated based on the net density of a sSubdivision and applied to the gross area of the sSubdivision to determine the required greenspace for the sSubdivision. For the purposes of this section, net density of a site is the resulting number of units per acre after removing public or private rRights-of-way, storm water infrastructure, wetlands, water course and undevelopable land based on topography or physical constraints. Units Per Acre Greenspace Amount Less than 2 units per acre 10% 2-4 units per acre 15% 4-6 units per acre 20% More than 6 units per acre 25% Multiple Occupancy Project – Commercial 10% Multiple Occupancy Project – Residential, including but not limited to Mobile Home Developments and Manufactured Home Developments as defined by the City of Fairhope Zoning Ordinance, Baldwin County Zoning Ordinance, or Baldwin County Subdivision Regulations as applicable. Less than 3 units per acre 10% 3 units per acre 15% 4-6 units per acre 20% More than 6 units per acre 25% 3. Eligible Greenspace - Greenspace eligible for meeting the requirements of this section shall: a. be usable land for public active or passive recreation purposes. b. be located in FEMA FIRM map zones AO, A99, D, or VO. c. not be located in any wetland areas as defined by the Federal Government. d. not include any retention, detention or similar holding basins, unless: 1. The wet holding basin is clearly integrated into an open space/park site with adjacent pedestrian facilities and passive recreation provided by the Subdividerapplicant. 2. Wet holding basin banks shall not exceed a 3:1 slope. 3. Greenspace credit for wet holding basins basin shall not exceed 30% of the surface area of the wet holding basin at the basin’s static water level. e. not include any rRight-of-way. 4. Design Requirements – All eligible greenspace shall conform to the following design requirements: a. Maximize public exposure and public access to greenspace. b. Streets shall align adjacent to greenspace. Article V Section C. Planning Design Standards Greenspace Standards c. Greenspace shall not be located adjacent to a collector or arterial street, provided however, greenspace may be located adjacent to, but outside any highway construction setback lines. d. Due regard shall be shown for all natural features such as lakes, ponds, water courses, historic sites and other similar features which, if preserved, will add attractiveness and value to the property. e. The amount, distribution and type of open space provided shall be context sensitive with the built environment around it. f. Types of Greenspace The following Table 4-1 indicates the categories, types, locations and general sizes of greenspace that are to be used to meet the City requirements for greenspace. Table 4-1: Greenspace Categories and Types Category Type Description Location Size Recommendation Image NATURAL GREENSPACE Preserve An undeveloped area that contains significant natural features or habitat worthy of preservation. Features such as large stands of trees, water elements, or prominent topography characterize preserves. A preserve may by use for passive recreation or as a scenic and visual buffer. It generally contains little or no constructed improvements although trails may access the preserve. Preserves may be located in development type based natural features and the required level of preservation of natural characteristics required. The size of a Preserve greenspace should be based on the site characteristics and potential continuity of natural features in the area along with the potential to connect to adjacent natural areas. Trail / Greenway An undeveloped area of continuous linear natural features, often following a stream or floodplain. A trail or greenway should be usable for recreation and non-motorized transportation. It includes few constructed improvements except for those to enhance travel or recreational use. Trail and Greenway system may be located in any development type based on linkages to proposed or existing trail / greenway networks. Generally, should include at least 3 acres but should be sized and located based on providing significant continuity throughout a development and to areas beyond the development area. Must be at least 30’ wide at all locations. Article V Section C. Planning Design Standards Greenspace Standards Park An undeveloped natural area for unstructured recreation. A park may include some areas for structured recreation, such as ball fields, but generally this area should occupy no more than 25% of the total area. Parks are located based on the presence of natural features or based on convenience for surrounding residents. A park has a predominantly natural landscape although portions may be designed for aesthetic and recreation purposes, particularly for parks located due to convenience. Parks may be located in rural and suburban areas. At least 3 acres Article V Section C. Planning Design Standards Greenspace Standards Category Type Description Location Size Recommendatio n Image CIVIC GREENSPACE Green An greenspace for unstructured recreation or aesthetic landscaping. A green is bordered by public rights-of- way on at least 2 sides, front building facades, and formal landscaped elements to define its boundaries. Generally, there are few constructed elements except as a formal entry to or a focal point for the green. Must be specially defined by landscaping. Predominantly located in residential neighborhoods of suburban or urban character. ¼ to 3 acres Plaza An greenspace for civic purposes and commercial activities. A plaza is bordered by public rights-of-way on at least 2 sides, and building facades to define its boundaries. It is largely constructed of materials to withstand heavy pedestrian traffic, but contains intermittent lawns, landscape beds, or trees in a formal pattern. Plazas should be located at the intersection of important streets in areas designated village centers and areas of urban character. 1/8 to 2 acres The size of plazas is generally determined by the height of surrounding buildings, maintaining between a 1:3 and 1:6 ratio of building height to plaza. Courtyard A small greenspace accessible to the public but generally serving one or a few surrounding buildings. Courtyards are primarily bordered by building facades, but have at least one side fully or partially boardered by a public rRight-of-way. Courtyards are often constructed of materials to withstand heavy pedestrian traffic but contain intermittent formal landscape elements. Courtyards should be located in urban areas and village centers. 1000 square feet to 1/8 acre The size of courtyards is generally determined by the height of surrounding buildings, maintaining a between a 2:1 and 1:3 ratio of building height to courtyard. Playground  Greenspace designed and equipped for structured recreation. Playgrounds are often boardered by a fence or other private boundary (as in the case of a playground internal to a block) but are accessible by common pedestrian path. Alternatively, playgrounds included as part of a larger civic or natural greenspace do not necessarily have borders. Playgrounds may be located in any greenspace type. 1000 square feet to ¼ acres. A playground may be part of larger civic or natural greenspace. Article V Section C. Planning Design Standards Greenspace Standards 5. Street Design – The following are minimum standards. All construction, radii, and other specifications of the city are required to be met. << Figure 5.1 >> a. In those locations that a public street is adjacent to the required greenspace, it is permissible to construct a street according to the following standards: (1) ROW: 50 feet (2) Paved: 18 feet minimum (3) On Street Parking: Posted one side; minimum width of 7 feet for parking; spaces must be painted on the paved surface. (4) Signage: The street must be posted as a one-way street. b. In those instances where it is permissible to construct a smaller street the following design guidelines must be adhered to: 1) There shall be no cul-de-sac; 2) The street must provide thru access; and 3) Valley gutter, roll down, or saucer type curbs designed and constructed to City standards may be used adjacent to the park area. 6. Phased Project - Where a project is proposed to be phased, all or part of the greenspace areas may be located at the edge of the first phase as long as additional greenspace from future phases will be contiguous and in addition to that required on the first phase. All of the design requirements indicated above shall be applicable to any and all phased development. The percentage of greenspace shall be calculated on a cumulative basis in order to ensure that the greenspace requirement is met. Previously dedicated greenspace shall be subtracted from the minimum total percentage to ensure that the minimum percentage required by City is not exceeded. 7. Greenspace Maintenance - All required greenspace shall be indicated on the recorded plat as a public access and use easement. The plat must also have a note that the property is not dedicated to the City of Fairhope and that the City of Fairhope is not responsible for maintenance of any or all required greenspace. Lakes, ponds, watercourses or similar sites will be accepted for maintenance only if sufficient land is dedicated as a public recreation area, park or greenspace. Such areas must be approved by the Recreation Board and accepted by the City Council before approval of the plat. 8. Hardship - Where there are unique and inherent characteristics of the land proposed for development, the Planning Commission may, by vote, reduce the greenspace requirements in whole or part. The Commission, however, may not require additional land area as is stated in Section C 2. However, a reduction of the greenspace requirements is totally contingent on the unique qualities of the land that are inherent, not man made, and would deprive a property owner of a reasonable return on the use of the land. It is the sole responsibility of the property owner to portray any and all “hardships” to the Planning Commission for final determination. Figure 5.1 – One-way street adjacent to greenspace. Article V Section D. Planning Design Standards Street Standards D. STREET STANDARDS: 1. Purpose – These street standards shall implement the Comprehensive Plan for the physical development of the City by setting the location, character and extent of streets, boulevards, parkways, and other public ways to promote good civic design and arrangement. This design and arrangement shall ensure proper arrangement of streets in relation to other existing or planned streets and the Comprehensive Plan. These standards shall promote the following goals in the Comprehensive Plan: (a) implement compact, walkable neighborhoods; (b) support the development of a comprehensive bicycle and pedestrian network with linkages between residential and commercial areas; (c) provide a pleasant and diverse pedestrian experience; (d) create a defined system of streets that serves the needs of pedestrians and vehicles equitably, providing multiple routes where possible and encourages street and sidewalk connections; (e) connect streets, sidewalks, neighborhoods, and districts both physically and perceptually; (f) guide growth to locations that can be efficiently and effectively served by the City in transportation and infrastructure, and which strengthens the linkage between historic Fairhope and new development; (g) cluster mixed-use, neighborhood village centers at or near the intersections of arterial streets; and (h) ensure that village centers have identifiable centers and edges, and ensure pedestrian accessibility. 1.2. Street Classification and Function –Streets in all sSubdivisions shall be classified in one of the following categories. Each category shall serve the specified functions and support the described adjacent land uses. Table 5.2 Classification Functions Adjacent Land Uses Arterial street  Land access  Pedestrian/bicycle mobility  Parking  Vehicle mobility  Mixed-use village centers, commercial, retail, and office uses only on blocks served by two arterial streets. Blocks within 880 feet of the intersection of two arterial streets and immediately adjacent to a block currently used or planned for such uses, may also be used for mixed-use village centers, commercial, retail, and office uses.  Public and institutional uses  Residential uses Collector street  Land access  Pedestrian/bicycle mobility  Parking  Vehicle mobility  Public and institutional uses only on blocks served by two streets of a collector classification or higher.  Residential uses Local street  Land access  Pedestrian/bicycle  Residential uses Commentary Block size limits create a pedestrian scale while providing multiple connections for all of the shared users of the street. Streets are to be interconnected by a “modified grid,” where arterial and collector streets provide direct and continuous routes for users of the streets and local streets provide multiple indirect connections for residents of the neighborhoods. Local streets should remain connected to the grid yet discourage large volumes of through traffic by incorporating design elements. Additionally, the character of all streets should be transitional rather than hierarchical; street character and design should transition to function appropriately with the adjoining land use rather than establish the character of adjoining land uses in a strip pattern along a hierarchy of streets. Design elements should be incorporated into the street design to insure that function and design speeds for the various streets are maintained and that streets support the adjoining land use. Further, the grid should be “modified” when natural or topographical features worthy of preservation are encountered. Article V Section D. Planning Design Standards Street Standards mobility  Parking Lane  Land access  Mixed use village centers, commercial, retail and office uses  Public and institutional uses  Residential uses 3. Street Layout – Streets in all proposed sSubdivisions shall be laid out according to the standards in this section. For the purposes of this section, planned, platted, or existing streets on adjacent lands shall be used to determine that the street layout for the proposed sSubdivision is in compliance with this section. Distances shall be measured from the centerline of all proposed, planned, platted or existing streets. << Figure 5.2 >> a. Arterial Streets – All proposed sSubdivisions shall have an Arterial Street at least every 1 ¼ miles (6600’) but no two non-intersecting arterial streets shall be closer than ¾ mile (3960’) from each other at any point. Arterial streets shall be an extension and continuation of any existing arterial streets in adjoining areas. b. Collector Streets - All proposed sSubdivisions shall have a Collector Street at least every 5/8 mile (3300’) but no two non-intersecting collector streets shall be closer than 3/8 mile (1980’) at any point. Arterial streets in compliance with section D.32.a. shall count as collector streets for the purposes of this section. Collector streets shall be an extension and continuation of any existing collector streets in adjoining areas c. Local Streets – All proposed sSubdivisions shall have a Local Street at least every 1/8 mile (660’) for residential sSubdivisions and at least every 1/12 mile (440’) for non-residential sSubdivisions, but no two non-intersecting local streets shall be closer than 220 feet at any point. Arterial streets in compliance with section D.32.a. and collector streets in compliance with section D.32.b. shall count as local streets for the purposes of this section. d. Lanes – Lanes providing only access to lots may be located through the middle of a block, between any two adjacent non-intersecting streets. e. Access to Adjacent Property - Street connections to abutting properties shall be provided at least at intervals not to exceed the maximum block length specified in Section D.4., by extension of a paved street that meets City construction requirements to the boundary of the abutting property. A temporary turnaround shall be provided for those streets subject to the following: Figure 5.2 – Street layout with less frequent but continuous arterial streets, moderately frequent and moderately continuous collector streets, and frequent but less continuous local streets – all interconnected. Commentary Table 5.2 requires that land uses and the transportation system are integrated. Uses that are attractors of vehicle trips from outside the neighborhood should be accessible by two arterial streets. This ensures proper civic design and the proper arrangement of streets to handle traffic within the overall transportation system. These uses, including commercial, retail, office, and mixed use village centers, shall be located on blocks served by two arterial streets, or in the case of build out of such a block, the immediately adjacent block. Article V Section D. Planning Design Standards Street Standards (1) A circular turnaround with a diameter of 30 to 42 feet. If a center island is provided in the turnaround, the outside diameter shall be 45 feet with a 20 to 24 foot lane maintained at all times. Circular turnarounds may be designed to incorporate a future traffic circle or roundabout, as provided in Article V., Section D.5.hc., when future streets will intersect at that point. << Figure 5.3 >> (2) For extensions serving 5 lots or more, a cul- de-sac shall be required. Permanent dead-end streets shall not exceed 1,320 feet (1/4 mile) in length. Permanent dead-end streets with a pavement width of 20 feet or less shall be provided with a turnaround having a roadway diameter of at leaste 70 feet and a rRight-of- way diameter of at least 100 feet. Permanent dead-end streets with a pavement width of more than 20 feet shall be provided with a turnaround having a roadway diameter of at least 80 feet and a rRight-of-way diameter of at least 100 feet. At non-permanent dead-end street, provide a temporary turn-around with at least a 70’ diameter constructed with an all weather surface. (3) For street extensions serving four or fewer lots, no temporary turnaround is required. (4) All access streets to adjacent property that are not connected at the time of the improvements shall be posted with a stop sign blank reading "Future Through Street.” The sign shall be posted by the Subdivider. f. Street lights are to be paid for or installed by the Subdividerdeveloper at the time of development. Street lights shall be approved by the Planning dDirector and/or his/her authorized agent and the Electrical Superintendent. Pole height shall be no more than 15 feet from finished grade. The type and style of lights and poles will be determined and agreed upon by the Subdividerdeveloper and the utility provider. All other approvals, including the design layout of street lights, will be granted by the electrical superintendent. The utility provider shall be responsible for the installation and maintenance of the street lights. Outside the City of Fairhope, the homeowners association will be responsible for the maintenance, if applicable, and energy costs of the lights and this responsibility shall be noted on the plat. Figure 5.3 – temporary circular turnaround with potential to be incorporated into traffic circle when street is extended Commentary Streets should be designed to accommodate and balance the needs of several shared uses, including pedestrians, bicycles, parking, and vehicle movement. To accomplish this streets shall include the features specified in Table 5.3. Transitional streets will emphasize different features of the street design within the rRight-of-way, according to the adjacent land use. For example, an arterial street may transition with the following features along its length: a diagonal parking lane, vehicle lanes, and a large sidewalk along a commercial block; the parking lane may become a dedicated turn lane or a “bulb-out” for pedestrians and landscape elements at intersections; and the street lanes or sidewalk could narrow, the parking lanes could change to parallel, and a planting strip can be added or expanded on residential blocks. Article V Section D. Planning Design Standards Street Standards 4. Block Design - a. Block Sizes - The perimeter of any block shall not exceed 1,980 feet, except as authorized in Article V., Section D.7, Exceptions to Street Standards. This distance shall be measured using the centerline of all streets forming the perimeter of the block, not including lanes. b. Block Length – Block lengths shall not be shorter than 220 feet or longer than 660 feet, except as authorized in Article V., Section D.7., Exception to Street Standards. c. Block Layout – Blocks shall provide two tiers of lots fronting on a public street. Double frontage lots are prohibited, except in the case where a lot consists of more than 66% of the block. d. Non—residential Blocks - Blocks used for non-residential purposes, including mixed- use village centers, commercial, retail, or office, shall not be longer than 440 feet and the perimeter shall not exceed 1,540 feet. 5. Street Design – All streets shall be designed to support the adjacent land uses and include features as specified in Table 5.3 in Appendix A. In addition to the standards and features specified in Table 5.3, streets shall meet the following design standards. a. Generally - (1) All streets, including lanes, shall have end points at two separate streets. Cul-de- sacs and “loop” streets with endpoints on the same street are prohibited, except as provided in section Article V., Section D.7.a. (2) L-shaped streets, with end points at two non-parallel streets, shall not exceed 1000 feet between points of intersection with other streets, provided that all blocks in the sSubdivision comply with the maximum block size. << Figure 5.4 >> (3) Street Names – Proposed streets in alignment with existing, named streets shall have the name of the existing street. In no case shall duplicate or similar sounding street names be approved, irrespective of the prefix or suffix used. Naming shall be consistent with the general direction of the street. Streets running east and west shall be called Avenues and streets running north and south shall be called Streets. (4) Half Streets – Where a dedicated half street or half lane is adjacent to the proposed sSubdivision, the other half of the street or lane shall be dedicated with the sSubdivision. Commentary Shorter blocks promote pedestrian activity by making connections between multiple points more convenient. Residential blocks will be no greater than 660’ x 330’, or approximately 5 acres. Subdivisions with uses attracting vehicle trips from outside the neighborhood, and generating pedestrian trips from within the neighborhood, such as commercial, office or mixed use villages, shall have a shorter maximum block standard. These blocks will be no larger than 440’ x 330’, or approximately 3.3 acres. Pedestrian trips that generate either from adjacent neighborhoods or from on- or off-street parking will be encouraged by shorter blocks. This will facilitate more efficient use of the public streets and private property. Exceptions to these standards are specified in Article V., Section D.7. Figure 5.4 –“ L-shaped” street with blocks maintaining the maximum size. Article V Section D. Planning Design Standards Street Standards No new half streets or lanes shall be platted. (5) Private Streets and Reserve Strips – Private streets and reserve strips for controlling access to streets, lanes, or utilities are prohibited. All streets shall meet the standards of this section and be dedicated and open to the public. (6) All streets, except lanes, shall provide a curb and gutter meeting City standards on both sides of the streets (7) All medians on arterial boulevard or arterial parkway streets shall be separated from the street by a curb and gutter meeting City standards and shall be covered with vegetation, except that any portion of the median may be used for turn lanes at intersections with other streets or for pedestrian crossings at intersections or mid-block. (8) Street trees shall be planted on center in all planting strips according to the following: (a) All trees shall be at least 15 gallons and/or 1.5” to 2.5” in diameter when planted; (b) Trees shall be planted at least every 25 feet from intersections. A tree shall be planted one per lot or at least every 50 feet, but no closer than 10 feet; (c) Tree species and tree placement shall be approved by the City Horticulturist; (d) All trees shall be pruned so that no foliage, limbs or other obstructions exist between 2½ and 10 feet from the adjacent street grade; (e) In areas where planting strips are optional and not provided, sidewalks ten feet or greater shall provide 4’ x 4’ tree wells along the curb so that trees may be planted in conformance with these requirements. (9) An inventory of all live trees greater than 20” DBH on site shall be protected and indicated on a tree preservation plan. Said preservation plan shall reflect tree protection in the diagram in Appendix G and verbiage below. Erecting Barriers is essential to protecting trees during construction. The Subdividerapplicant shall provide construction fences around all significant trees. Allow one foot of space from the trunk for each inch of trunk diameter. The intent is not merely to protect the above ground portion of the trees, but also the root systems. The fenced area shall be clear of building materials, waste, and excess soil. No digging, trenching or other soil disturbance shall be allowed in the fenced area. Fines for not complying with the City of Fairhope’s oOrdinance 1193, tree protection, will be levied in accordance to the City of Fairhope’s restitution table. (10) SubdividerDeveloper shall be responsible for watering trees prior to sSubdivision acceptance and during the 2-year maintenance bond period. (11)Tree Protection Requirements: The following requirements apply to all properties other than single-family residences: (a) A significant tree is defined as any living tree (overstory or understory) with a DBH that exceeds twenty (20) inches. Significant trees are protected under theseis RegulationsOrdinance and cannot be cut or intentionally harmed without expressed written consent of the City Horticulturist. (b) Any person wishing to remove or relocate a significant tree shall, under the provisions of this section, make written application with the City Horticulturist. The application shall include a landscape plan (as defined above). The City Horticulturist must approve or deny the permit within fourteen (14) working days after receipt of the application. Article V Section D. Planning Design Standards Street Standards (c) All tree removal will be at the property owner’s expense except for; 1) trees on the City rRight-of-way which are diseased, injured, in danger of falling close to existing structures, or which create unsafe vision clearance, the removal of which shall be funded by the City; or 2) trees beneath utility lines which threaten to damage the utility line, the removal of which is the duty of the utility company. (d) Criteria for Issuance of a Tree Removal Permit: (1) The tree is located in an area where a structure or improvement will be placed according to an approved plan. (2) The tree is diseased, injured, in danger of falling too close to an existing or proposed structure(s), interferes with existing utility service, creates unsafe vision clearance or conflicts with other ordinance or regulations. (3) The tree is, or will be after construction, in violation of federal, state, or local laws, including but not limited to, laws and regulations pertaining to government programs for financing the construction. (4) A permit may be denied if the tree is considered an asset to the natural heritage of the City of Fairhope and/or the Fairhope Tree Committee determines that reasonable alternatives to cutting the tree exist. (12)No structures, other than mail boxes are allowed in the rRight-of-way in front of lots used for residential purposes. Mailboxes shall be allowed subject to the following: (a) one community mailbox per block; or (b) one pole-mounted individual mailbox for lots with a minimum lot frontage of 75 feet; or (c) one masonry-mounted mailbox for lots with a minimum lot frontage of 100 feet; (d) lots less than 75 feet in width may have one masonry or one pole-mounted mailbox for every two lots. b. Intersections – (1) Streets shall be laid out to intersect at right angles insofar as practicable, but no street shall intersect with another street at an angle of less than sixty degrees. (2) Intersections of three or more streets are prohibited except in the case of local streets where three separate local streets may intersect provided that only two streets continue through the intersection. << Figure 5.5 >> (3) Where there is an off-set in the alignment of a street across an intersection, the off-set of the centerlines shall not be less than one-hundred and twenty-five feet. (4) Curb radii at street intersections shall be: (a) 5 to 15 feet for the intersection of two local streets; (b) 10 to 15 feet for the intersection of a local street with a collector street; (c) 10 to 20 feet for the intersection of two collector streets; (d) 15 to 20 feet for the intersection of a local street and an arterial street; Article V Section D. Planning Design Standards Street Standards (e) 20 to 30 feet for the intersection of a collector street and an arterial street; and (f) 25 to 30 feet for the intersection of two arterial streets. Where the angle of intersection exceeds seventy-five degrees, or where truck traffic and other large vehicles will make frequent turning movements, the Planning Commission may require a greater radius. (5) Proper lines of sight shall be maintained at all intersections. Traffic on lower class streets shall stop or yield at intersections with equal or higher-class streets. The proper line of sight shall be an unobstructed view of from the stopping point to all points three feet above the roadway along the centerline of the existing street. The distance of the unobstructed view shall be based on the design speed of the intersecting street as specified in Table 5.4. No building or other type of visual obstruction shall be placed, erected or maintained within such triangle. Street trees are allowed within the sight triangle, provided that they do not have any foliage, limbs or other obstructions between 2 and 7 feet, and are not closer than thirty feet to the intersecting rRight-of-way line. << Figure 5.6 >> Table 5.4 c. Traffic Calming – To maintain design speeds specified in Table 5.3 (in Appendix A) and the function of streets specified in Table 5.2., traffic calming devices may be introduced into the street design. All traffic calming devices shall be based on sound engineering principles and are subject to the approval of the Planning Commission. Traffic calming devices may include, but are not limited to: Design Speed (mph) Intersection Sight Distance (measured in feet along centerline of intersecting street) 20 125 25 150 30 200 35 225-250 40 275-325 45 325-400 Figure 5.5 – Intersections limited to two streets at approximately 90 degree angles except in the case of local streets. Figure 5.6 – Clear sight lines measured from stopping point along centerline of intersecting street according to Table 5.4. Commentary Large curb radii more easily accommodate right turns for vehicles, but at the expense of pedestrians due to increased vehicle turning speeds and greater pedestrian crossing distances. The curb radius standards balance these two competing concerns with respect to normal-sized vehicles and normal traffic patterns. Intersections used infrequently by large vehicles normally accommodate turning movements by allowing the large vehicle to momentarily swing over the center line, while any oncoming traffic yields. In the case of intersections where frequent traffic by larger vehicles is expected, larger radii may be necessary. In addition, closer to intersections on street parking is typically prohibited. At these locations, “bump-outs” in the curb can allow for shorter pedestrian crossings while still allowing curb radii which accommodate turning movements. Article V Section D. Planning Design Standards Street Standards (1) Traffic circles – A circular raised island centered in the intersection, around which traffic circulates. Traffic circles require no geometric changes to the intersection and merely alter the flow of traffic through the intersection. << Figure 5.7 >> (2) Roundabouts – A circular raised island centered in the intersection. Roundabouts require traffic to circulate counterclockwise around a center island. Unlike traffic circles, roundabouts require geometric alterations to the intersection and are used on higher volume streets to allocate rights-of-way among competing movements. << Figure 5.8 >> (3) Curb projections, neck downs or “bulb-outs” – curb extensions placed at mid-block locations or at intersections which narrow the street to provide visual distinction and to reduce pedestrian crossing distances. These are often used in conjunction with on street parking to define the on-street parallel parking areas. << Figure 5.9 >> (4) Medians – raised islands located along the centerline of a street that narrow the street at that location or block through movement of vehicles at a cross streets or driveway access points. << Figure 5.10 >> (5) Road striping – painted stripes on the road can create the perception of narrow through lanes when a greater width is actually needed to accommodate truck traffic or turning movements. (6) Speed humps - Speed humps are rounded raised areas placed across the road. << Figure 5.11 >> Figure 5.7 - traffic circle Figure 5.8 - roundabout Figure 5.9 - curb projections or “bulb-out.” Figure 5.10 - median Article V Section D. Planning Design Standards Street Standards (7) Speed tables – flat topped speed humps often constructed with brick or other textured materials on the flat section. << Figure 5.12>> (8) Chicanes - curb extensions or islands that alternate from one side of the street to the other, forcing traffic into S- shaped curves. << Figure 5.13>> (9) Chokers – curb extensions on both sides of the street that narrow the street at that location. Chokers may be used in conjunction with on-street parking or a mid- block pedestrian crossing. << Figure 5.14>> d. Geometric Design- the geometric design aspects of the streets shall meet the minimum standards as provided in the AASHTO, “A Policy on Geometric Design of Highways and Street." 1) Horizontal Curves - Where a deflection angle occurs in alignment of a street, a horizontal curve shall be introduced and where the magnitude of such angle exceeds ten degrees, a curve of reasonably long radius shall be required as specified in the AASHTO Manual, to meet the design speed in Table 5.3. 2) Vertical Curves - Every change in grade shall be connected by a vertical curve so constructed as to provide a minimum sight distance of two hundred feet, measured from a driver's eyes which are assumed to be four and one-half feet above the pavement surface, to an object four inches high on the pavement. Profiles of all streets showing existing and finish grades shall be provided and shall be to scale as required by Article IV, Section C.1. 3) Tangents - Where design speeds are such as to require super elevation of roadways in horizontal curves, a tangent not less than one hundred feet long shall be required between reverse curves on all such streets. 4) Grades - Except in cases of exceptional topography, and then subject to the approval of the Planning Commission, grades shall not be greater than seven percent or less than one-half percent. Maximum design grades should not exceed four percent for arterial streets, six percent for collector streets or seven percent for other streets. Grades approaching intersections shall not be greater than five percent for a distance not less than one hundred feet from the center point of the Figure 5.11 – speed hump Figure 5.12 – speed table Figure 5.13 - chicane Figure 5.14 - choker Article V Section D. Planning Design Standards Street Standards intersection to the point of intersection of the vertical curve leading to the subsequent grade. 6. Pedestrian Area Design Standards – All streets shall include a pedestrian area comprised of a planting strip and a sidewalk, according to the standards in Table 5.3 in Appendix A. The areas in which the sidewalks will be poured shall be graded and compacted at the time the sSubdivision infrastructure is constructed. The pedestrian area shall be designed according to the following minimum standards: a. All streets supporting residential land uses shall have a minimum 5-foot wide sidewalk on each side of the street with the back edge of the sidewalk being the edge of the right-of-way. b. All streets supporting public institutions and public facilities land uses shall include a minimum 5-foot wide sidewalk and 8-foot wide planting strip on each side of the street. c. All streets supporting non-residential land uses including commercial, office, and mixed-use villages, shall have: (1) a minimum 15’ wide sidewalk, with tree wells according to Article V., Section D.5.a.8.(e) on each side of the street; or (2) a minimum 10’ wide sidewalk and minimum 6-foot wide planting strip on each side of the street. d. Sidewalks shall include curb ramps meeting accessibility requirements of the Americans with Disabilities act at all intersections and any non-grade driveway or land intersecting the sidewalk. e. Sidewalks shall be constructed of a minimum 4” concrete surface meeting City construction standards. Where applicable, sidewalk materials shall be used and constructed to encourage maximum tree preservation. f. Streets in rural and agricultural sSubdivisions meeting all requirements of Article V., Section D.7.c. and d. are not required to provide sidewalks. g. Where applicable, sidewalks shall be configured in a manner that provides for maximum tree preservation. 7. Exceptions to Street Standards – Subdivisions may be approved with exceptions to the standards of Article V., Section D. according to the criteria in this section, at the Planning Commission’s discretion. Any plat approved with exceptions may include conditions to assure that the purposes stated in section D.1. are achieved. a. Natural Features – Blocks abutting natural or topographical features may be approved with exceptions to the blocks and street layout standards of Article V., Section D., subject to all of the following: (1) construction of the grid according to the block and street layout standards must be Figure 5.15 – Street layout exception due to natural, topographical, or environmental features causing interruptions in the street network. The exception to the street standard still maintains the street connections and maximum block limits. Article V Section D. Planning Design Standards Street Standards impracticable in that the Subdividerapplicant would incur substantial and unreasonable additional costs in designing streets across the natural or topographical feature or modification of the grid is necessary to preserve important environmental features such as streams, wetlands, animal habitats, or other conservation areas; << Figure 5.15>> (2) Modification of the grid shall not alter the minimum block length or block size, except that the distance of the property line along the natural or topographical feature creating the need for the exception shall be omitted when calculating the perimeter of the block. Additionally, public access easements to any natural or topographical features which can be used for active recreation may be used as the perimeter of a block; and (3) Cul-de-sacs or “loop” streets may be approved where connections with a through street would intersect with the natural or topographical feature. “Loop” streets are preferred to cul-de-sacs wherever practicable. Cul-de-sacs shall not exceed 660 feet and loop streets shall not exceed 1300 feet. (4) Sidewalks (a) Sidewalks are not required to be installed in the right-of-way where all lots front on and have access to existing streets or roads, and such streets or roads are under the jurisdiction of another governing authority, and that authority has prohibited the installation of sidewalks in the rRight-of-way. In such event, the Commission may require the installation of sidewalks in easements along the margin of the lots adjacent to the rRight-of-way. (b) If so requested, the Commission may waive the requirement to install sidewalks if, in the discretion of the Commission, sidewalks will not serve the intended purposes due to the absence of other sidewalks in proximity to the sSubdivision or due to topographical conditions. However, in such cases the Commission shall require sidewalk easements along the margin of lots adjacent to the right-of-way to accommodate the installation of sidewalks in the future. b. Public Facilities and Institutions - Blocks used wholly or partially for public facilities and institutions such as schools, churches, hospitals or community centers, and blocks used partially for public parks or public open space, may be approved with exceptions to the blocks and street layout standards of Article V., Section D., subject to all of the following: (1) Local streets shall be provided at least every 990 feet. (2) No block perimeter shall exceed 3960 feet. (3) At least 66% of the land area of any block exercising this exception shall be used for the public park, open space or public institution. (3) Blocks used wholly for public parks or open space shall have no maximum size. Figure 5.16 – Rural sSubdivision exception shows larger rural lots, not meeting the block or street standards of Article V., Section D. Rural exception is allowed provided the property could eventually be re-platted in conformance with these rRegulations without altering the proposed current street and building pattern. Rural lot lines (darker lines) follow potential future streets or lot lines (lighter lines) which are in conformance with block and street standards Article V., Section D., in the event the property is ever to be re-subdivided into smaller lots. Article V Section D. Planning Design Standards Street Standards c. Rural sSubdivisions – Subdivisions of tracts into large lots, which at some future time could potentially be re-subdivided, shall only be allowed according to this section. The Planning Commission may require that the blocks and lots shall be of a size and shape, and contain building site restrictions, to allow for future extension and opening of streets in conformance with these rRegulations upon subsequent division of each parcel into lots of smaller size. Subdivisions consisting entirely of large lots may be considered as rural subdivisions and may be approved with exceptions to the blocks and street layout standards in Article V., Section D., subject to all of the following: << Figure 5.16 >> (1) The subdivision must be entirely outside of the city limits; (12) The total area of the sSubdivision must be greater than 20 acres; (23) The traffic generated by the uses proposed in the sSubdivision shall not require any road improvements above the rural Local Road standard established in Table 5.3 in Appendix A; (34) All right-of-way for streets shall be reserved on the plat for future street construction. Reserved streets shall be in conformance with the standards of this subsection D. The reservation shall state that any future street construction under operation of this section shall only occur upon the re-subdivision of lots, and upon the landowner’s initiative. No streets need to be constructed, or improvements made within this reserved rRight-of-way upon the initial rural sSubdivision. (45) All lots within the sSubdivision shall be a minimum of 5 acres. Lot lines should follow the centerline of the rRight-of-way platted for future streets wherever possible. (56) All buildings constructed shall be oriented towards an existing street or the reserved right-of- way, so that re-subdivision can occur creating lots in conformance with these rRegulations. Buildings shall be placed so that future re- subdivision and the construction of streets on the reserved rRights-of-way will not produce any double-frontage lots or require destruction of buildings. Buildings placement and orientation options include: (a) Placement at and orientation towards the end of a block created by existing streets and reserved rRight-of-way; (b) Placement at the corner of a block created by existing streets and reserved rRight-of-way. The building should be placed close enough to the corner of the block so that any future re-subdivision of the lot could create a buildable lot on the adjacent corner of the block; or << Figure 5.17 >> Figure 5.17 – Building placement on rural lots (darker lines), such that any potential re-subdivision of the property would not be limited by proposed current building placement, or require the future demolition of buildings to be constructed in the proposed rural plat. In this example buildings are placed on rural lots such that they can remain on larger corner or mid-block lots of potential future re-subdivision (lighter lines). Article V Section D. Planning Design Standards Street Standards (c) Placement at the middle of a block created by existing streets and reserved rRight-of-way. The building should be placed close enough to the existing street or reserved rRight-of-way so that any future re-subdivision of the lot could create a buildable lot on the opposite side of the block. << Figure 5.17>> (67) Lot access may be by a common driveway with access to an existing public street. All lots do not have to front existing public streets. Common driveways shall not exceed 660 feet in length. No more than four lots or dwelling units may be accessed by a single common driveway. Common driveways should follow the centerline of the reserved right-of-way wherever possible. No partial public street improvements shall be constructed or accepted to shorten the access by common drive or increase the number of access points to the public street. << Figure 5.18 >> (78) Any re-subdivision of the lots not in conformance with these standards for rural sSubdivisions shall require all streets and blocks to be laid out and improved in conformance with the standards Article V., Section D. a. Agricultural Subdivisions – Agricultural Subdivisions do not need to follow any of the block or street standards provided that all lots created shall be a minimum of 20 acres, are used for agricultural purposes, and that no public street or utility improvements are required. Commentary Platting of streets determines the division of land ownership on a large scale, and from this large- scale smaller divisions and lots evolve. While the smaller divisions and lots will change over time - in ownership, size, and character – larger divisions effected by the platting of streets will seldom change. (See Traditional Neighborhood Development Street Design Guidelines, Institute of Transportation Engineers, October 1999, p. 20.) Large lot or rural sSubdivisions must still maintain the ability for streets to be platted in conformance with these rRegulations in the event that the ownership, character, and size of the smaller divisions and lots changes over time. Any future re- subdivision and street opening under the operation of this section will only be at the landowner’s initiation. Sections D.7.c and d. provide exceptions to these sSubdivision standards while maintaining the opportunity for future re- subdivision in accordance with the standards Figure 5.18 – Common driveway in rural sSubdivision with drive along a potential future public street in the event that property is re-subdivided by property owners. Article V Section E. Planning Design Standards Lot Standards E. LOT STANDARDS: 1. Purpose - These lot standards shall implement the Comprehensive Plan for the physical development of the City by establishing lots to promote good civic design and arrangement. This design and arrangement shall include the avoidance of congestion of population, the adequate provision of light and air, and the location, character, extent, and adequate provision of public utilities. These standards shall promote the following goals in the Comprehensive Plan: (a) provide pleasant, diverse pedestrian experience; (b) ensure that village centers have identifiable centers and edges, and ensure pedestrian accessibility; (c) encourage development that supports the scale and character of existing neighborhoods; (d) provide public gathering places; (e) provide compact, walkable neighborhoods; (f) encourage developments with mixtures of housing types, densities, and land uses; and (g) allow buildings that that relate to public streets both functionally and visibly, and a building orientation thate respects the orientation of surrounding buildings, pedestrian ways and sidewalks, and surrounding streets. 2. Lot Sizes - a. Land Subject to Zoning - Where land is subject to zoning all lots shall fully conform to the requirements of the applicable zoning ordinance. The applicant shall furnish to the Planning cCommission site drawings to demonstrate compliance. Lots not in compliance shall not have building permits issued unless combined with other lots and reconfigured so as to comply with zoning requirements. b. Land not Subject to Zoning - 1) Lots not subject to zoning shall have lot areas of not less than 15,000 square feet and a minimum lot width of 100 feet; 2) Where neither public water nor public sewage is available, lot areas and widths shall conform to the requirements of the public health authorities, but in no case shall be less than 100 feet in width and 20,000 square feet in area. c. Insofar as is practicable, side lot lines shall be at right angles or shall be radial to street lines. d. Corner lots for residential use shall be designed with additional frontage, greater than is required for interior lot widths. The additional frontage shall be equal to the difference of the minimum front setback and minimum side setback requirements for any applicable zoning district, for the purpose of allowing building orientation and setback from both front and side streets. 2.3. Lot Access – a. Except in rural and agricultural sSubdivisions Figure 5.19 – Minimum curb cut separation measured from the center of curb cut to center of curb cut, or from center of curb cut to right-of-way line of intersecting street. Article V Section E. Planning Design Standards Lot Standards under Section D.7(c) and (d), or as otherwise provided in these rRegulations, all lots shall front upon a paved, publicly maintained street, and be accessed via such frontage. The Planning Commission, in its discretion, may (but is not required to) allow deviation from this requirement where such frontage and access to each lot is unattainable due to unique and extraordinarily unusual characteristics of the property. Deviation will not be allowed where it appears to the Planning Commission that that the deviation is proposed, in whole or in part, for the purpose of reducing development costs or increasing density. In allowing such deviation the Planning Commission shall require the creation of easements at least 30’ in width to provide for safe and convenient access for ingress/egress, utilities, and public services. Double frontage lots are prohibited, except where lots consist of more than 66% of a block. b. Curb Cuts and Lanes – Lanes may be required along the rear of lots where, in the opinion of the Commission such lanes are necessary or where greater access than that allowed by curb cuts is desired. Curb cuts for driveway access to lots shall be limited to the following minimum separation distances, measured from the centerline of each driveway or from the centerline of the driveway to the rRight-of-way line of an intersecting street: << Figure 5.19>> (1) Arterial Streets - 220 feet between driveways or lanes, and 150 feet between driveways and the right-of-way of an intersecting street. However, at least one curb cut per block shall always be allowed for a mid-block lane. Access to lots on arterial streets shall primarily be provided by side streets or lanes. (2) Collector Streets - 110 feet between driveways or lanes, and 100 feet between driveways and the rRight-of-way of an intersecting street. (3) Local Streets – no minimum distance is required between curb cuts on local streets. However, to enhance the pedestrian environment by minimizing curb cuts, access to residential lots by lanes or shared driveways is encouraged. (4) Lanes – lot access points on lanes shall have no limit or minimum separation. Commentary Curb cuts to access lots introduce conflicts to pedestrians and the traffic flow on streets. While arterial streets should provide access to property either by on-street parking or shared lot access, these conflicts should be minimized. In these cases, rear lanes are encouraged and may provide additional access. These standards will result in a maximum of 2 curb cuts on an arterial street with a standard maximum block of 660’; 1 curb cut on arterial streets with block lengths shorter than 560’; 5 curb cuts on collector streets with a standard maximum block length of 660’; 2 curb cuts on collector streets with maximum half blocks of 330’. Curb cuts on local streets are not limited, but lanes are still encouraged. Figure 5.20 – Sidewalk material continuing across driveway curb cuts when the sidewalk is at grade with the driveway. Article V Section E. Planning Design Standards Lot Standards c. Driveway Access Widths – driveway access widths shall not exceed the following widths: (1) Arterial streets serving non-residential lots- 40 feet at the curb cut and 30 feet at the intersection with the sidewalk. (2) Collector streets serving non-residential lots- 30 feet at the curb cut and 20 feet at the intersection with the sidewalk. (3) Lanes serving non-residential lots – 25 feet (4) There is no maximum width for driveway access on streets serving residential lots. d. Driveway and Lane Intersections - The lane or driveway material shall not cross pedestrian sidewalks. << Figure 5.20>> (1) On conventional driveways or lanes, where vehicles cross at grade with the pedestrian sidewalk, the sidewalk surface, material and grade shall continue across the driveway or lane. (2) On “intersection-type” driveways, where vehicles access the lot at grade with the street, the pedestrian sidewalk material, or other material that differs from the driveway surface in both texture and color, shall continue across driveway surface. e. Required Access to Proposed Subdivisions - Except as provided in Article V., Section D.6.c. and d., no sSubdivision shall be approved unless the area to be subdivided shall have frontage upon and access from an existing publicly maintained paved street. 4. Building Areas - a. Building Setback Line - The minimum setback from the property lines shall be as specified in the Zoning Ordinance, where applicable. b. Each lot shall contain a building lot which is not subject to flooding and meet all requirements of City Ordinance number 664, and any subsequent amendments. c. Lot size, width, arrangement, and orientation shall ensure that each lot contains a buildable area, consistent with all applicable zoning requirements, and any other applicable City, County, State or Federal regulation. d. Where a parcel of land proposed to be subdivided contains an area of wetlands delineated as jurisdictional by the Army Corps of Engineers, said area shall be subject to Section 404 (b) (1) guidelines concerning fill material into wetlands. Lots may be platted where sufficient upland areas exist to provide a building area for the principal structure and necessary accessory structures. Fill may be used where necessary to provide access to lots where approval for fill has been granted by the Corps of Engineers and any other applicable government agency. Commentary The purpose of these rRegulations is to implement the Comprehensive Plan and provide integration of all land uses, public streets, and other infrastructure, so that conventional development methods and techniques such as separation of uses and buffering are not necessary. This requires design elements orienting all uses to all public streets, and designing the street to support and maintain the character of those uses. This allows the street to become an important public space supporting a variety of uses and modes of transportation. However, in the event that the requisite level of design is not possible due to existing land uses or street design, buffering may be appropriate. Article V Section F. Planning Design Standards Storm Water Standards 5. Utility Access and Easements - a. Except where lanes are provided at the rear of lots, easements not less than fifteen feet in width along side and rear lot lines ares required for drainage and utilities. On interior lots, the easement may be designed to lie equally on adjacent lots. On perimeter lots, no part of the required easement shall lie outside the platted lands. Easement placement and widths shall be approved by the Planning Commission. No half easements will be approved unless adjacent property owners dedicate the other half of the easement at time of approval. b. Where a sSubdivision is traversed by a watercourse, drainage way, natural channel or stream, there shall be provided an easement conforming substantially to the limits of such water course plus additional width as necessary for maintenance and future construction. c. Lots and easements shall be so arranged as to eliminate unnecessary jogs or off- sets and to facilitate the use of easements for power distribution, telephone service, drainage, water and sewage collection services. 6. Buffer Strips: In residential districts, a buffer strip at least ten feet in width, and in addition to the minimum required lot depth, may be required by Planning Commission adjacent to all existing incompatible uses, such as railroads, limited access highways, arterial streets and commercial/industrial developments. Such buffer shall be a part of the platted lots, but shall be designated on the face of the plat as an easement by imprinting on the plat the following: "This strip is reserved for planting of trees or shrubs by owner; placement of structures hereon is prohibited." << Figure 5.21>> F. STORM WATER STANDARDS: 1. Purpose – These storm water standards shall implement the Comprehensive Plan for the physical development of the City by setting the location, character and extent of open spaces and facilities for waterways and storm water runoff, discharge, retention and detention. This design and arrangement shall promote the health, safety and general welfare, and promote safety from inundation and erosion caused by storm water runoff. These standards shall promote the following goals in the Comprehensive Plan: (a) plan, provide and maintain efficient and effective infrastructure that promotes orderly growth and environmentally sound practices to meet the future needs of the community and to support land use goals; (b) promote a sustainable future that meets today’s needs without compromising the ability of future generations to meet their needs; and (c) encourage and develop connections between environmental quality and economic vitality. Figure 5.21 – Buffer strip between incompatible uses may be used in the event that existing incompatible uses may not be adequately addressed by the design elements required by these rRegulations. Article V Section F. Planning Design Standards Storm Water Standards 2. Liability - The design criteria herein establishes minimum elements of design which must be implemented with good engineering and good construction practices. Use of information herein for placement of any structure, for use of any land, or any design basis shall not constitute a representation, guaranty, or warranty of any kind by the City of Fairhope or its agents, officers or employees of the practicability, adequacy or safety of design. 3. Submittal Requirements – a. Minimum Requirements - All proposed sSubdivisions shall demonstrate compliance with this Section F., these Regulations, and all applicable state and federal laws and regulations by submitting a minimum of two (2) hard copies and one (1) electronic copy of the following plans and calculations: (1) A Drainage Plan with adequate provisions for storm and flood water control by channel, conduit or basins, which takes into account the ultimate or saturated development of the tributary area in which the proposed sSubdivision is to be located, and which includes but shall not be limited to: (a) Contour map of proposed development areas, with both existing and finish contours at not greater than two-foot intervals; (b) Existing drainage systems, including any structures immediately down stream that may be affected by the project; (c) Proposed drainage system, including onsite and offsite drainage areas; (d) Structure location, type and size, slope, c.f.s., elevations of inlet and outlet, velocity, headwater elevation, tail-water elevation, etc., relative to the overall sSubdivision and/or staged phase of the sSubdivision; (e) Differential runoff calculations for pre-development and post- development conditions; (f) The effect of the sSubdivision on existing upstream and downstream facilities outside the area of the sSubdivision; and (g) Other pertinent information necessary for review of the drainage plans as may be required by the Commission. (h) A drainage narrative, including but not limited to, the following: 1. Any and all historical and existing drainage conditions. 2. Name, location, size of receiving watersheds and any special considerations required by the watershed. 3. The calculation method and assumptions used. 4. Discussion of adequacy of volume of retention and drainage design. 5. Method of discharge. 6. And how the design takes into account (Section F paragraph 3 b) the potential for adverse effect. (2) An Erosion and Sediment Control Plan which includes, but shall not be limited to: (a) Architectural and engineering drawings, maps, assumptions, calculations, and narrative statements as required to accurately describe the development and measures taken to meet the objectives of storm-water management; (b) Data on historical runoff, developed runoff, detention pond details, and method of discharge. Article V Section F. Planning Design Standards Storm Water Standards (3) Operations and Maintenance (O&M) Plan and Agreement for maintenance of detention facilities and other storm water quantity and quality BMPs during development and documents providing for continued inspection and maintenance after completion of development and sale of all lots, such documents running as a covenant with the lands. (a) An Operations and Maintenance (O&M) Agreement signed by the Subdividerdeveloper or owner for any required detention facilities or other storm water quantity and quality BMPs must be submitted with the proposed plans. The agreement must contain a long-term maintenance plan prepared by the design engineer for each BMP. The maintenance plan must include a description of the storm water conveyance system and its components, inspection priorities, schematics for each BMP, and inspection schedule for each water quantity and quality BMP. The O&M Agreement must be recorded prior to final plans approval. If the final configuration of the storm water system or BMPs differs from the original design on the approved plans, the O&M Agreement must be revised, finalized, and rerecorded. Failure to follow the O&M Agreement could result in enforcement action. (b) The long-term maintenance plan within the O&M Agreement contains the inspection priorities and schedule for the storm water BMPs. The owner is responsible for inspecting the storm water system and BMPs according to the schedule and submitting reports to the Planning Director or his authorized representative every five (5) years to document that inspections have been completed and necessary maintenance has been performed. The first inspection report is due December 31 of the third year after construction has been completed. Inspection reports are then due by December 31 of every fifth year following submittal of the first report. The Planning Director or his authorized representative must be notified of any change in ownership. Failure to file the five year inspection reports and perform required maintenance activities could result in enforcement action. (c) Prior to the full release of the performance bond for any new or substantially improved storm water facilities, an Alabama registered engineer shall submit to the Planning Director or his authorized representative certification that the proposed storm water management system and BMPs for the development are complete and functional in accordance with the approved plans and shall also provide as-built drawings for the storm water management systems and BMPs. (4) Basic Design Data and calculations including routing calculations in legible tabulated form and proof of adequacy of volume of retention and sizing computations for low flow structures. (5) Copy of notice of coverage and storm water pollution plan for coverage under the Alabama Department of Environmental Management for issuance of NPDES Permit, and permits from any other agency, where required; and, (6) Any additional engineering information the City of Fairhope staff deems necessary to make a decision on sSubdivisions and other development where adequacy of drainage is reasonably questioned. Article V Section F. Planning Design Standards Storm Water Standards b. Adverse Effects - Where it can be reasonably anticipated that additional quantity or velocity of runoff from development of a sSubdivision will overload existing downstream drainage facilities, approval shall be withheld until there is submitted to the Commission a plan to mitigate damage to downstream property which would or might result from the sSubdivision under consideration. Downstream drainage structures should be considered when sizing detention outfall structures, with proof of this submitted to the Commission. The hydraulic elevations resulting from channel detention shall not adversely affect adjacent properties. c. Additional Engineering Plans and Calculations - (1) In every case where new streets are to be constructed, and in cases where sSubdivisions provide frontage only upon existing rRight-of-way and there exists in the opinion of the Planning Commission the potential for damage from uncontrolled storm-water runoff, the project engineer shall include in his plans the design and calculations required for adequate control of storm-water. (2) For projects not exceeding 200 acres, routing calculations shall be in legible tabulated form. Proof of adequacy of volume of retention and sizing computations for low flow structures shall be submitted. For projects exceeding 200 acres, the engineer shall provide detailed, documented verification of adequacy of design. (3) No proposals for under-sizing shall be submitted except with plans and profiles of the entire undersized downstream area with convincing evidence that the hydraulic gradients proposed will not adversely affect existing facilities maintained by the City or County. (4) A special design drawing shall be submitted for any single drainage structure of 20 square feet in area, or larger. d. Certifications and Seals – (1) All plans and design calculations submitted shall bear the seal, original signature, name, address and telephone number and certification of the project engineer, who shall be registered to practice as a Professional Engineer in the State of Alabama and who is qualified by reason of education and experience in the field of storm water design. (2) The engineer shall seal and sign each sheet of the plan assembly. (3) The engineer shall affix his certification to the first sheet of each plan assembly and design calculation, which certificate shall read substantially as follows: "ENGINEER'S CERTIFICATE I, the undersigned, a Registered Professional Engineer in the State of Alabama holding Certificate Number _________, hereby certify that I have reviewed the design herein which was done under my direct control and supervision and that, to the best of my professional knowledge and to the best of my belief, conforms to the requirements of the Fairhope Subdivision Regulations and to all other rules, regulations, laws, and ordinances applicable to my design. ______________________________ Project Engineer ___________________________ Date Article V Section F. Planning Design Standards Storm Water Standards ______________________________________________________ Name of Project to which this Certificate Applies Plans which are certified consist of Page _____ thru_____, each of which bears my seal and signature." (4) The calculations, construction plans, and plat shall have the following statement: “A property owners association (POA) is required to be formed. The POA is required to maintain any and all storm water facilities and structures located outside of the publicly accepted right-of-way. 4. Stream Buffers – a. An undisturbed sStreamside bBuffer (in this paragraph 4, “Bbuffer”) is an area along a shoreline, wetland, or stream where development and redevelopment is restricted or prohibited. The primary function of the buffer is to physically protect and separate a stream, lake, bay, or wetland from future disturbance or encroachment. Buffers can provide storm water management and sustain the integrity of stream ecosystems and habitats. Buffers can be applied to new developments and redevelopment by establishing specific preservation areas and providing management of the bBuffers through easements or homeowner’s associations. For existing developed areas, an easement is typically required from adjoining landowners. Waivers in accordance with Article VII may be requested if the Subdividerdeveloper or landowner can demonstrate hardship or unique circumstances that make compliance with the bBuffer requirement difficult. b. A bBuffer layer in the City’s GIS system has been developed to show bBuffer limits along streams within the City’s pPlanning jJurisdiction. The following Buffer widths used to develop the bBuffer layer for streams, are shown in the following table and are measured from the top of bank as defined in Article II of these subrRegulations. Buffer widths for ponds, Mobile Bay, jurisdictional wetlands as determined by the Alabama Department of Environmental Management and the Army Corps of Engineers, and any lakes, ponds, and isolated wetlands are also shown in the table. The bBuffer requirement applies to streams beginning at a point where the drainage area is 100 acres or greater. Feature Buffer Width (feet) Fish River 100 Other Watersheds 50 Mobile Bay 50 Wetlands (Jurisdictional and Isolated) 30 Ponds/Lakes/Isolated wetlands 30 c. The bBuffer applies to all properties except those properties that are an existing lot of record and/or included on an approved pPreliminary subdivision pPlat (as of appropriate date)prior to March 8, 2007. d. Allowable uses in the bBuffer include: flood control structures; utility easements as deemed necessary and approved by the Planning Director or his authorized representative; natural footpaths; greenways, paved roadways; Article V Section F. Planning Design Standards Storm Water Standards pedestrian and bikeway crossings perpendicular to the streamside including approaches, dock and ramp access, and other uses as determined by the Planning Director or his authorized representative. All bBuffer disturbances associated with allowable uses shall be to the minimal extent practicable and all disturbed areas shall be stabilized as soon as possible. e. The vegetated target for the bBuffer shall be undisturbed natural vegetation. Any of the allowable uses shall be designed and constructed to minimize clearing, grading, erosion, and water quality degradation. f. Land in the bBuffer shall not be used for principal structures and accessories, such as swimming pools, patios, etc. All new platted lots shall be designed to provide sufficient land outside of the bBuffer to accommodate primary structures. Buffers should be delineated before streets and lots are laid out to minimize bBuffer intrusion and to assure adequate buildable area on each platted lot. Land within the bBuffer can serve to meet the minimum lot requirements. g. Buffer impacts are inevitable with development. Modification and mitigation of the bBuffer width are available to landowners or developers of newly platted lots or sSubdivisions where there are exceptional situations or physical conditions related to the parcel that pose practical difficulty to its development and restrict the application of the bBuffer requirements. The landowner or his designated representative may prepare and submit for approval a written request and site plan showing the extent of the impact of the bBuffer on the proposed project and specify a proposed buffer mitigation plan. The Planning Director or his authorized representative will review and render a decision on the bBuffer encroachment and proposed mitigation within 30 days after receiving the request. In no case shall the reduced width of the bBuffer be less than 25 feet. SubdividersApplicants can appeal the decision of the Planning Director or his authorized representative’s decision to the Planning Commission. h. In order to maintain the functional value of the bBuffer: dead, diseased, or dying trees that are in danger of falling and causing damage to dwellings or other structures may be removed at the discretion of the landowner; debris in the bBuffer that is a result of storm damage may be removed; and, invasive plant species may be removed if they are replaced by native species. A bBuffer restoration plan must be approved by the Planning Director or his authorized representative. i. Stream boundaries including each bBuffer zone must be clearly delineated on all grading plans, sSubdivision plats, site plans and any other development plans. (1) The outside limit of the bBuffer must be clearly marked on-site with permanent signs placed every 100 feet, or at least one (1) sign installed per lot for lots less than 100 feet wide, prior to any land disturbing activities, or in the case of mMinor sSubdivisions, prior to approval of the mMinor sSubdivision plat. The Planning Commission reserves the right to require an alternative signage spacing distance to accommodate irregular-shaped lots and/or irregular-shaped wetland boundaries. Stream and bBuffer limits must also be specified on all surveys and recorded plats and noted on individual deeds. Buffer requirements must be referenced in property owner’s association documents and shall be labeled on the plat. (a) For Mmajor sSubdivisions, permanent wetland bBuffer signage shall be a minimum 1’- 0” wide x 1’-6” tall 0.080” aluminum sign face, with black text Article V Section F. Planning Design Standards Storm Water Standards over a white background reading “WETLAND BUFFER BOUNDARY” with text scaled to fit the sign face. Signpost shall be a 2” x 2” x 0.188” galvanized steel tube or galvanized u-channel. Signpost shall be embedded in concrete a minimum of 2’-0” deep and 1’-0” in diameter with signpost centered in the concrete. Top of sign when attached to signpost shall be a minimum 6’-0” above grade. Sign shall be attached to signpost with a minimum of two, 3/8” cadmium plated bolts with cadmium plated nuts and washers. (b) For mMinor sSubdivisions, temporary wetland bBuffer signage shall be a minimum 1’ - 6” wide x 1’ - 0” tall 4mm thick plastic corrugated sign face, with black text over a white background reading “WETLAND BUFFER BOUNDARY” with text scaled to fit the sign face and applied to both sign faces. Signpost shall be 9 gauge wire 6.7” wide x 17.7” tall double “H” sign stakes installed as typical. The pPlanning cCommission reserves the right to require permanent wetland bBuffer signage for mMinor sSubdivisions if the intensity of the development may affect wetlands during or after development. j. When a landowner or his representative obtain permits from ADEM or the Army Corps of Engineers that results in impacting the bBuffer then approved mitigation of these impacts based on the permit conditions supersede the applicable components of the bBuffer requirements in areas covered by the permit. The bBuffer requirements for areas not covered by the permit shall be applicable to the remainder of the proposed development site. 5. Flow Control – a. Scope of Design - All sSubdivisions or other developments shall be provided with adequate storm water drainage facilities. The project engineer shall provide a design adequate to control storm water peak flows, runoff volume and velocity in accordance with paragraph 7 of this section. In general, the project engineer shall use design storm criteria based on the site-specific conditions that relate to protection of life and property. Culverts shall generally accommodate a 25-year storm frequency under arterial roadways; drainage systems within sSubdivisions should accommodate a 2 through 25- year storm frequency; bridges shall accommodate a storm frequency of 50 years. When recommended by the City of Fairhope staff, the Planning Commission may require a storm frequency design as great as 100 years. (1) There shall be no storm water pumps. b. Design Standards and Calculations - The method of determining storm water runoff, plans, and designs shall be based on principles of good engineering practice and the following standards: (1) Calculations shall be based on the Rational Method (Q=cia) for small basins, up to 100 acres, where: Q=estimated peak discharge in cubic feet per second c=coefficient of runoff (from table below) I=rainfall intensity, inches per hour, for a design storm derived from the time of concentration Article V Section F. Planning Design Standards Storm Water Standards tc = time of concentration in minutes, from figure 4-13 of the Alabama Department of Transportation of Hydraulic Manual, attached as Appendix D. a=drainage area in acres Recommended values for “c” may be found in table 4-2 of the Alabama Department of Transportation Hydraulics Manual, attached as Appendix E. It is recommended that the intensity, “I” be obtained from the Intensity-Duration-Frequency curve for Mobile produced by the National Weather Service. (2) When the proposed development lies within a large watershed where flows from upstream drainage areas are passing through the proposed development, a rainfall-runoff model such as the Soil Conservation Service (SCS) technical release 20 (TR-20) should be used to calculate offsite flow. Flow should calculated using a 25-year, 24-hour rainfall, the depth of which can be obtained from SCS Technical Release 55 (TR- 55). This flow shall be taken into account when designing detention outfall structures if the upstream flow passes through the proposed detention pond. The effects of (and on) upstream and downstream ponds in the watershed shall be analyzed. (3) All proposed conduits or channels shall be of sufficient capacity to accommodate potential runoff from developed area, including the entire upstream drainage area. The project engineer shall include in his submittals evidence that he has included in his design the tributary area/s. If an existing channel runs through a proposed development, the engineer must consider this flow when designing detention and outfall structures. (4) In general, inlets shall be provided so that surface water is not carried across any intersection, or for a distance of more than 600 feet in the gutter. When calculations indicate that gutter capacities are at maximum, catch basins shall be used to intercept the flow at that point. (5) Open channels and ditches shall be so designed as not to create a traffic hazard or to cause erosion. The minimum slope for paved ditches shall be 0.5 percent and for non-paved ditches shall be one percent. Maximum design flow velocities shall conform to the current edition of the Alabama Highway Department Hydraulics Manual. (6) Cleanout access shall be provided at a maximum spacing of 300 feet for pipes 24 inches or less in diameter and 400 feet for pipes exceeding 24 inches. Cleanouts shall also be provided at each change in line and grade. (7) Concrete box culverts shall be designed and constructed according to requirements of the Alabama department of Transportation Standard Specifications for Highway Construction, current and the Alabama Department of Transportation Special Standard Highway Drawings. c. Site Facilities – (1) The Subdividerdeveloper shall be required to carry away, by pipe or open channel, any spring or surface water existing prior to or as a result of the sSubdivision. Adequate provisions shall be made within each sSubdivision for drainage facilities required. (2) Where a public storm water system is available, the Subdividerdeveloper shall be required to connect his facilities thereto. If no public outlet exists, the project engineer shall recommend means to adequately dispose of storm water runoff. Article V Section F. Planning Design Standards Storm Water Standards (3) The storm and sanitary sewer plans shall be made prior to other utility plans. (4) The storm water system shall be separate from and independent of any sanitary sewer system. d. Conformity with Other Standards - All drainage facilities shall be constructed in conformity with state specifications and all other state and federal laws and regulations. e. Flood Prone Areas – (1) Low lying lands along watercourses subject to flooding or overflowing shall be included in the drainage and shall not be available for improvements except as specifically authorized by the City’s flood control ordinance. (2) Low areas subject to periodic inundation and areas subject to excessive erosion shall not be developed or subdivided unless and until the Planning Commission may establish that: The nature of the land use proposed would not tend to be damaged appreciably by water; The area may be filled or improved in such a manner as to prevent periodic inundation; Minimum floor elevations may be established such as to prevent damage to buildings or structures; There is adequate provision to eliminate such flooding. f. Lands Outside the City -– For land outside of the corporate limits of the City,Within the extra-territorial jurisdiction of the Fairhope Planning Commission, all engineering plans shall be subject to the more restrictive requirement of these provisions or of Baldwin County's Storm Water Management Plan. In those areas, the County Engineer's review shall be completed and his certificate of review shall accompany all plans submitted to the Commission. The following outline is provided to help insure that certain critical elements of design are in compliance with the objectives of design: (1) Volume of retention for entire project (2) Tributary (Q) peak runoff to basin (3) Balanced maximum outflow rate from low flow structure (4) Ratios of inflow to outflow (differential rates) (5) Sizing of overflow facilities (6) Stability of dikes (7) Safety features (8) Maintenance features 6. Erosion Control - a. Surface water runoff originating upgrade of exposed areas shall be controlled to reduce erosion and sediment loss during period of exposure. All land disturbing activities shall be planned so as to minimize off: site sedimentation damage. b. No grading or earth moving operations shall commence until erosion and sedimentation control measures shall have been implemented. c. All disturbed areas shall be stabilized as quickly as is practicable with permanent vegetation and erosion/sediment control measures. The duration of exposure to erosive elements shall be kept to a minimum. d. Detention ponds shall be stabilized by means of grassing, sodding, erosion control netting, or a combination thereof. Sediment shall be removed from Article V Section F. Planning Design Standards Storm Water Standards the pond prior to acceptance, and any disturbed areas shall be regrassed. The use of red clay as a means of stabilizing detention ponds is prohibited. e. Temporary vegetation and/or mulching shall be provided protect exposed high-risk erosion areas during development. f. When the increase in peak rates and velocity of storm water runoff resulting from a land disturbing activity is likely to cause damaging accelerated erosion of the receiving channel, plans shall include measures to control velocity and rate of release so as to minimize damage to the channel. g. No land disturbing activity shall be permitted in proximity to a lake, natural watercourse or adjacent property unless a buffer zone is provided along the boundary thereof to confine visible siltation and to prevent erosion; provided, however, that this prohibition shall not prevent such activity undertaken as a part of the construction of such lake or watercourse channel. h. The angle for graded slopes and fills shall not exceed that which can be retained by vegetation cover or other adequate erosion control methods. Provision shall be made for planting or otherwise protecting slopes within the shortest possible time from exposure thereof. i. Erosion and sedimentation control measures, structures and devices shall provide control from the calculated post-development peak runoff. Runoff rates and computations may be calculated from procedures contained in the “National Engineering Field Manual for Conservation Practices” and shall be based on rainfall data published by the National Weather Service for the area and/or official local records. j. Engineer shall provide for permanent protection of on-site or adjacent stream banks and channels from the erosive effects of increased velocity and volume of storm-water runoff resulting from land disturbing activities. k. Erosion and sediment control plans and details shall be based on the current edition of the “Alabama Handbook for Erosion Control, Sediment Control and Storm water Management on Construction Sites and Urban Areas”. Erosion control plans shall be prepared by a certified professional in erosion and sediment control such as a Certified Professional in Erosion and Sediment Control (CPESC). 7. Detention and Retention Facilities - a. The purpose of storm water retention and detention is to protect downstream properties from increases in flood heights due to development. A combination of storage and controlled release of storm water shall be required for road construction, non-residential developments of one acre or more, multi-family residential developments of one acre or more, and single familysingle-family developments of three acres or more. The requirement for a combination of storage and controlled release of storm water is not required for mMinor sSubdivisions; however, if the Planning Commission deems that the intensity of the development could cause off-site storm water flow impacts during or after development, a combination of storage and controlled release shall be required. (The effective acreage for a project is not limited to a fractional part of the total concept; even though developed in phases, it is the total area of the conceptual plans which governs.) Storage and controlled release facilities may be required on smaller projects if it is determined in the Planning Commissions discretion that the intensity of the development could cause off-site storm water flow impacts during or after development. The retention or detention (whenever detention requirements Article V Section F. Planning Design Standards Storm Water Standards are addressed by these rRegulations, requirements also apply to retention facilities) facilities must be designed to control peak flow from the outlet of the site such that post-development flows are equal to or less than pre- developed peak flows for the 2-year, 5-year, 10-year, 25-year, 50-year and 100-year design storms. However, detaining the discharge from a site can sometimes exacerbate flooding downstream due to peak flow timing and/or the increased volume of runoff coming from a site. If detention facilities are indiscriminately placed in a watershed and changes to the peak flow timing are not considered, the detention facility may result in an increase of the peak flow downstream. Another impact of new development is an increase in the total runoff volume of flow. Thus, even if the peak flow is effectively attenuated, the longer duration of higher flows due to the increased volume may combine with downstream storm water conveyance systems to increase downstream peak flows. SubdividerApplicant must demonstrate through hydrologic analyses that the detention facility will not exacerbate flooding downstream. b. Such facilities shall be owned, operated and maintained by the development entities and shall not be accepted for inspection and maintenance by the City of Fairhope. The burden shall be on the Subdividerdeveloper and his engineer to provide evidence in support of any proposal to alter or modify the requirement for detention. Storm water runoff from new development or significant redevelopment must not adversely affect downstream properties. In determining whether runoff from the new development or significant redevelopment causes an adverse impact, the following procedures will be used: (1) Attenuate post-development peak discharges to a level not to exceed the pre-development discharges for the 2-year through 100-year recurrence intervals. (2) Apply the “ten percent” rule. This rule is based on the premise that at a point downstream of a development site where the drainage area above the development is 10 percent or less than the total drainage area at a point downstream of the development; then impacts related to storm water runoff from the development are minimal from this point downstream. This rule recognizes that in addition to controlling the peak discharge from the outlet of a detention facility, these facilities change the timing of the entire outflow hydrograph for the stream or river in question. Where required, channel routing calculations must proceed downstream to a confluence point where the drainage area being analyzed represents ten percent or less of the total drainage area. At this point, if the effect of the hydrograph routed through the proposed storage facility on the downstream hydrograph is assessed and shown not to increase flows in downstream hydrographs, detention can be waived. If increased flows are found, then backwater calculations and determination of flood elevations for the areas impacted by increased flows, if any, must be prepared. Where downstream increases in peak flows or flood elevations are shown, detention will be required on site to attenuate storm water runoff from post-development to pre-development rates. In the event that the City has developed a Comprehensive Plan for the area, the recommendations within the Comprehensive Plan will establish the requirements for detention. The City retains the right to require Article V Section F. Planning Design Standards Storm Water Standards detention in areas of known flooding when detention will not exacerbate downstream flooding. (3) The release rate from any detention facility should approximate that of the site prior to the proposed development for the 2-year through 100- year storm events, with emergency overflow capable of handling at least the 100-year peak discharge except where waived or altered by the Planning Commission. Design of the detention pond shall be to insure that detention facilities will survive overtopping occurring for any reason, including clogging of controlled outlets for the 100 year100-year storm event. Detention systems must be constructed during the first phase of major developments to eliminate damage to adjacent properties during construction. In this regard, the detention systems shall be designed to function as sediment traps and cleaned out to proper storage volumes before completion. If deposition of sediment has occurred, detention systems must be restored to their design dimensions after construction is complete and certified as part of the as-built submittal. c. Detention facilities shall be provided with obvious and effective control structures. Plan view, sections and details of the structure shall be included in submittals. Sizing of the low flow pipe shall be by inlet control or hydraulic gradient requirements. Low flow pipe shall be not smaller than eight inches in diameter, except in parking lot and roof retention where the size shall be designed for the particular application as approved by the Commission. d. The overflow opening or spillway shall be designed to accept the total peak runoff of the improved tributary area. Proper engineering judgment, with 25- year, 50-year or greater storm frequencies considered, shall be exercised in secondary routing of discharge greater than the basic design storm for the protection of downstream properties. e. Aerators are required for all retention ponds. The Public Works Director shall approve the specifications for said aerator. 8. Post Development Water Quality Best Management Practices – a. Storm water quality BMPs for new development and significant redevelopment are required for projects that disturb three acres or more or sSubdivisions with four or more lots. (The effective acreage for a project is not limited to a fractional part of the total concept; even though developed in phases, it is the total area of the conceptual plans which governs). The BMPs must be designed to achieve the goal of removing at least 80% of the average annual post-construction total suspended solids (TSS) load. The storm water quality BMPs will be considered in compliance with this requirement if; (1) BMPs are sized to capture and treat the water quality treatment volume, which is defined as the runoff volume resulting from the first 1.8 inches of rainfall from a site; and, (2) Appropriate structural storm water BMPs are selected, designed, constructed, and maintained. Storm water quality BMPs may be required on smaller projects if it is determined in the Planning Commission’s discretion that the intensity of the development could cause off-site storm water impacts during or after development. b. The storm water quality treatment goal is designed to capture 85% of the annual storm water runoff. Storm water quality BMPs must be designed to treat the runoff from the first 1.8 inches of rainfall. Each site’s storm water Article V Section F. Planning Design Standards Storm Water Standards quality treatment volume is also based on its percent impervious cover. The treatment standard is the same for all sites unless other secondary pollutant reduction goals are established by ADEM; for instance, through the establishment of Total Maximum Daily Loads (TMDLs). The storm water quality treatment methodology to determine treatment volume is as follows: A WQv = P × Rv × 12 Where: WQv = water quality treatment volume, acre-feet P = rainfall for the 85% storm event (1.8 inches) Rv = runoff coefficient (see below) A = drainage area in acres Rv = 0.015 + 0.0092I I = drainage area impervious cover in percent (50% imperviousness would be 50) c. This storm water quality treatment goal is designed to give the Subdividerdeveloper flexibility in meeting the 80% TSS reduction goal on each site. BMPs may be selected to meet the storm water quality requirements in numerous ways through the application of low-impact site design and layout, non-structural BMPs, and structural BMPs. d. The City encourages use of low-impact site design practices that reduce the impact of development on storm water quality and quantity. Low-impact site design practices are meant to: (1) Minimize the impervious cover on a site, (2) Preserve the natural infiltration ability of the site, (3) Route storm water to “micro controls,” such as rain barrels, rain gardens, etc. that treat small portions of site storm water from the site, and, (4) Minimize long-term BMP maintenance by preserving and using natural features of the site. e. A Subdividerdeveloper should consider low impact site design practices early in the design process in an effort to reduce the overall water quality treatment volume requirement. These practices tie directly into the storm water quality program, the WQv calculation, and/or the storm water treatment volume. These practices should only be implemented when not in conflict with other City regulations. f. Structural storm water controls, or Best Management Practices (BMPs), are engineered structures designed to treat storm water or mitigate the impact from storm water runoff. The following table presents a pre-approved listing of structural BMP practices. These BMPs have been assigned a TSS removal capability, based upon existing research, and can be used by Subdividersdevelopers to meet the pollutant reduction goal of 80% TSS removal. The structural BMPs have been divided into two categories: (1) General application BMPs are assumed to achieve the 80% TSS reduction. Article V Section F. Planning Design Standards Storm Water Standards (2) Limited application BMPs which have to be used in combination with other BMPs to achieve the 80% reduction goal. These BMPs may not be applicable for certain sites and require frequent intensive maintenance to function properly. Pre-Approved BMPs BMP Removal Efficiency for Total Suspended Solids (TSS) Structural Control TSS Removal (%) General Application BMPs Wet Pond 80 Storm water Wetland 80 Bioretention Area 80 Sand Filter 80 Enhanced Swale 80 Limited Application BMPs Filter strip 50 Grass Channel 50 Organic Filter 80 Underground Sand Filter 80 Submerged Gravel Wetland 80 Infiltration Trench 80 Gravity (Oil/Grit Separator) 40 Proprietary Structural Control Varies Dry Detention Basin 60 g. The increase in the frequency and duration of bankfull flow conditions in stream channels due to development is the primary cause of accelerated streambank erosion and widening and downcutting of stream channels. Therefore, streambank protection criterion applies to all development sites for which there is an increase in the natural flows to downstream feeder streams, channels, ditches, and small streams. On-site or downstream improvements may be required for streambank protection, easements or right-of-entry agreements also may need to be obtained. h. The Subdividerdeveloper should determine if existing downstream streambank cover is adequate to convey storm water velocities for post- development conditions. This can be accomplished by first obtaining post- developed velocities for the “Streambank Protection” 2-year storm event in the downstream conveyance system. These velocities are then compared to the allowable velocity of the downstream receiving system. If the downstream system is designed to handle the increase in velocity as a result of the proposed development, the Subdividerdeveloper should provide all supporting calculations and/or documentation to demonstrate that the downstream storm water conveyance system will not be compromised as a result of the development. (1) If the increased velocities are higher than the allowable velocity of the downstream receiving system, then the Subdividerdeveloper may choose to reinforce/stabilize the downstream conveyance system. The proposed modifications must be designed so that the downstream post-development velocities for the 2-, 5-, 10-, and 25-year storm events are less than or equal to Article V Section F. Planning Design Standards Storm Water Standards either the allowable velocity of the downstream receiving system or the pre- development velocities, whichever is higher. The Subdividerdeveloper must provide supporting calculations and/or documentation that downstream velocities do not exceed the allowable range once the downstream modifications are installed. (2) The Subdividerdeveloper may use on-site controls to keep downstream post- development discharges at or below allowable velocity limits. The Subdividerdeveloper must provide supporting calculations and/or documentation that the on-site controls will be designed such that downstream velocities for the three (3) storm events are within an allowable range once the on-site controls are installed. (3) Another approach to meet the stream bank protection requirement is to provide 24 hours of extended detention on-site, for post-developed storm water runoff generated by the 1-year, 24-hour rainfall event (4.5 inches) to protect downstream channels. The required volume for extended detention is referred to as the Streambank Protection Volume (SPV). The reduction in the frequency and duration of bankfull flows through the controlled release provided by extended detention of the SPV will reduce the bank scour rate and severity. i. Stormwater BMPs with either a permanent pool of water or that will hold storm water for an extended period of time can potentially provide mosquito- breeding habitat. However, if structural BMPs are properly designed, installed, and maintained, mosquito problems can be minimized. BMPs with open water (such as storm water ponds) shall require aeration for mosquito control. The Public Works Director shall approve the specifications for the aerator. 9. Location and Easements - a. Drain-ways, whether conduit or open channel, shall be located within the right-of-way insofar as is practicable. b. Where topography or other conditions render impracticable the inclusion of drainage within road rights-of-way, perpetual unobstructed easements not less than fifteen (15) feet in width shall be provided across the property with access to the road right-of-way. Such easements shall be clearly delineated on the plat as areas dedicated to public use as drainage easements, with provision for maintenance by the landowners. The City shall not maintain such easements. c. Off premises drainage easements and improvements lying outside the proposed sSubdivision may be required of the Owner to handle runoff into a natural drainage channel. d. Where a sSubdivision or development is traversed by a watercourse, drain- way, channel or stream, there shall be provided a storm-water easement conforming substantially to the lines of such water course and of such width and construction as is adequate for the intended purpose, including maintenance operations. e. No storm water detention shall be located in public right-of-way for any private development. 10. Maintenance - a. Acceptance for maintenance by the public of lakes or ponds which constitute a part of storm water drainage control is generally prohibited by storm water provisions herein. Any decision to the contrary must originate with the City Council. Article V Section F. Planning Design Standards Storm Water Standards b. Maintenance outside the street right-of-way shall be the responsibility of the legal entity established by the Subdividerdeveloper for the continued maintenance of common areas. No formal acceptance of streets and utilities shall be made by the City Council and no building permits shall be issued until developer has made provisions for continued maintenance of such common areas, including off-street drainage and detention. As part of the final plat submittal, the Subdividerowner/developer shall verify in writing that a legal entity shall be responsible for continual maintenance. In the extra-territorial jurisdiction where street acceptance is the County's responsibility, the County Engineer may decline to sign approval for recording of plat unless maintenance provisions meet his approval. c. All erosion and sedimentation protection facilities shall be regularly maintained as required to insure that they function effectively. d. Means for perpetual and periodic maintenance of the facilities shall be established by the owner of the development as a condition prerequisite to approval of the development by the Commission. 11. Required Use of Low Impact Development (LID) Techniques - a. The use of the LID techniques is required and is to be determined from an entire site development perspective by the engineer of record for the project. The design and integration of LID techniques shall promote the health, safety, and general welfare of the community and shall be designed to work in a complimentary fashion with the drainage plan for the proposed development. The LID techniques are required within the municipal limits of the City of Fairhope and the planning jurisdiction of the City of Fairhope based on the rain events experienced in the area, geology, slopes, and other natural features. The design engineer is encouraged to submit additional LID based techniques to be utilized in the proposed development. b. The use of LID techniques is required in any and all proposed developments where the stormwater regulations apply. The design engineer shall rely on verifiable professional engineering judgment on which LID techniques to deploy in each proposed development based on the particular characteristics of the subject property. The intent of the requirements for the use of LID techniques is that the development shall implement as many LID techniques as practical and appropriate for the development. Plans and calculations shall show the efficacy of each LID technique and include a quantitative analysis of their performance. Plans shall clearly identify each LID technique on a grading and drainage plan with appropriate details and cross-references to the drainage calculations. c. If a project, due to the natural characteristics of the property, cannot successfully implement any of the LID techniques the Subdividerapplicant may submit a waiver request for consideration. The waiver request shall be submitted at the time of the application and provide verifiable engineering documentation that LID techniques cannot be used. The City shall have the right, but not the obligation, to engage such third party engineers, consultants and other professionals as necessary and appropriate to advise the City as to whether a particular application complies with and is otherwise in concert with this subsection 10 (a “Third Party Professional”). In the event the City engages a Third Party Professional in connection with a particular application, the City will forward all application materials to the Third Party Professional along with a request for a cost estimate from the Third Party Professional for his/her role in the review of such application. Upon presentation by the Third Party Professional of a cost estimate to the City, the City shall provide same to the Subdividerapplicant, and the Subdividerapplicant shall deposit with the Article V Section F. Planning Design Standards Storm Water Standards City a cash sum equal in amount to the cost estimate of the Third Party Professional (the “Cash Deposit”). Upon completion of all work by the Third Party Professional relative to such application and payment by the City of all fees and expenses of the Third Party Professional from the Cash Deposit, if any portion of the Cash Deposit remains, the City shall refund it to the Subdividerapplicant. If the Cash Deposit is insufficient to pay the fees and costs of the Third Party Professional, the Subdividerapplicant shall immediately remit to the City such funds as are necessary to make up any shortfall. d. The Third PartyThird-Party Professional shall submit a finding report to the City Planning Department. The City Planning Department shall forward a copy of the finding to the Subdividerapplicant or the Subdividerapplicant’s agent. The City Planning Department shall include, as part of the application materials to the Planning Commission a recommendation regarding the waiver. e. The Planning Commission shall consider the waiver, the applicant’s documentation, and Third Part Professional finding and City Planning Department recommendation and make a final determination as to the waiver request. f. The following LID techniques are available for use by Subdividerapplicants given the particular circumstances and characteristics of the proposed sSubdivision: (1.) Wet Basins: The City finds the potential benefits of wet basins are, among other items, allowing sedimentation to fall out of stormwater, attenuating flows, assisting in evapotranspiration, and improving the stormwater quality. Special design considerations are: groundwater elevations, large surface areas are encouraged, special attention should be given in pervious soil, surface area of the basin should take into account nutrient loading from lawns for example in order to treat and improve stormwater quality to the maximum extent possible, ensuring that an adequate base flow is provided to maintain water levels, they are not recommended to be constructed in an in- line facility, utilize low slopes, the use of forebays are recommended, upstream and downstream areas shall be considered in the design in accordance with Fairhope standards. Recommended characteristics are: The approach slopes should be 4:1 or less around the perimeter, side slopes 3:1 or less (below the water level, beyond the safety bench), safety bench just below water elevation (4’ wide, 6”-12” deep), energy is dissipated prior to entering the basin, can be excavated below the ground surface. (2.) Rain Gardens: The City finds the potential benefits of rain gardens are, among other items, small scale flow attenuation, infiltration, limited evapotranspiration, allowing sediments to be trapped, and water quality treatment. Special design considerations are: Typically smaller areas and drainage areas are used for rain garden design, special attention should be given in pervious soils, recommended for use in hydrologic soil groups A and B, not recommended in high swell soils. Recommended characteristics are: Small scale and frequent use in drainage areas, the choice of landscaping materials, soil mix, and other characteristics Article V Section F. Planning Design Standards Storm Water Standards are crucial to the success of a rain garden. Rain gardens can be highly visible and utilized as a visual amenity in a proposed development. (3.) Permeable Pavement Systems: The City finds the potential benefits of permeable pavement systems are, among other items, flow attenuation, infiltration, and filtration of stormwater. There are many products and strategies that can be utilized and the City is open to the use of varied products in accordance with manufacture recommendations. Consultation with the city prior to design of the product to be utilized is suggested. Special design consideration are: Use in areas with hydrologic soil groups A and B, special attention should be given in pervious conditions, not recommended in areas with high swell soils, ground water tables should not impact the ability of water to infiltrate, the technique works best in low slopes. (4.) Sand Filter: The City finds that the potential benefits of sand filters are, among other items, flow attenuation, infiltration, reducing sedimentation, and providing filtration of storm water. Special design considerations are: Best used in small drainage areas, special attention should be given in pervious soils, recommended use in areas with soils with good permeability in hydrological soil groups A and B, not recommended in high swell soils. (5.) Grass Swales: The City finds that the potential benefits of grass swales are, among other items, in straining stormwater, providing limited quality treatments, while providing some moderate flow attenuation. Special design considerations are: Typically work best in smaller drainage areas where volumes are reduced, special consideration should be given in pervious soils, not recommended with high swell soils, should have low slopes, adjacent areas and layout should be considered in the design. Suggested characteristics where topography, soils, and slope permit vegetated open channels and spaces should be considered as a significant or a primary means of stormwater conveyance. (6.) Grass Buffers: The City finds that the potential benefits of grass buffers are, among other items, in straining stormwater, providing limited quality treatments, while providing some moderate flow attenuation. Special design considerations are: Typically work best in smaller drainage areas where volumes are reduced, special consideration should be given in pervious soils, not recommended with high swell soils, should have low slopes, adjacent areas and layout should be considered in the design. Suggested characteristics where topography, soils, and slope permit vegetated open channels and spaces should be considered as a significant or a primary means of stormwater conveyance. Article V Section F. Planning Design Standards Storm Water Standards (7.) Constructed wetland channels or wetlands: The City finds that the potential benefits of constructed wetland channels or wetlands are, among other items, flow attenuation, buffering of flooding events, evapotranspiration, sedimentation, and treatment of stormwater quality. Special design considerations are: Not recommended in high swell soils, low slope, forebay is recommended, primary benefit of pollutant removal, not volume reduction, adjacent areas should be considered in the design. (8.) Step Pool Stormwater Conveyance Structures: The City finds that a step pool stormwater conveyance structure may attenuate stormwater flows, provides evapotranspiration, reduce sediment transport, and water quality treatment. Special design considerations are: Not recommended in high swell soils. Adjacent areas should be taken into consideration in order to ensure long term viability of step pool structures and adjacent erosion. (9.) In-line stormwater storage: The City finds that in-line storage may provide for attenuation and limits sedimentation. Special design considerations are: Designed to be self-cleaning where possible or suitable clean out access is provided and designed into the system, designed to surcharge non-sensitive areas with no flooding in parking lots, structures, or other typically occupied spaces. (10.) Site design for habitat, wetland, and water body conservation: The City finds that site design that incorporates the natural features of the property can help to minimize erosion and reduce stress on natural water conveyance and attenuation systems by preserving a natural vegetated state of native plants, water courses, and flood prone areas. Suggested characteristics are: The technique may be used in conjunction with the City’s planned unit development or vVillage sSubdivision processes to propose alternative street layouts and design so that impervious areas and other improvements are sited with due regard to the natural elements of the property. Special design considerations: To consider adjacent areas in the design since important natural features that utilize this LID technique often extends past property lines or the phases of proposed development. (11.) Restoration of Habitat or Wetlands and Water Bodies: The city finds that the restoration of habitat or wetland and water bodies can be productive to improve the environment by minimizing erosion and reducing stress on natural water conveyance and attenuation systems by preserving a natural vegetated state of native plants, water courses, and flood prone areas. Suggested characteristics are: This technique may be used in conjunction with the City’s pPlanned uUnit dDevelopment or vVillage sSubdivision processes to propose alternative street layouts and design so that impervious Article V Section F. Planning Design Standards Storm Water Standards areas and other improvements are sited with due regard to the natural elements of the property. Use only native plants in the development process and take special consideration to restore portions of the site to predevelopment native ecological communities, water bodies or wetlands with more than 10% of the development footprint. Special design considerations: To consider adjacent areas in the design since important natural features that utilize this LID technique often extend past property lines or the phases of proposed development (12.) Greenways: The City finds that greenways provide for beneficial use of LID for potentially active and passive recreation opportunities and wildlife corridors. This technique allows for the creative integration into a development proposal that is frequently linked with other natural or recreation systems that extend past the property lines of the proposed development. Suggested characteristics: Typically greenways are easier to integrate into a development proposal on larger acreages. They are frequently utilized as linear parks and often include sensitive wetland areas, steep slopes, gullies or other natural land forms, creeks, and unique wildlife habitat for protected species. (13.) Restoring Channel Morphology and Natural Function: The City finds that restoring channel morphology and natural function provides for flow attenuation, infiltration, and reduces sedimentation. Special considerations are: Typically works most effectively in larger development proposals where a substantial linear footage of channel can be restored. It is important to consider the upstream and downstream current and future characteristics so conversation of land use in accounted for in the design. (14.) Bio-Retention: The City finds that bio-retention provides for flow attenuation, infiltration, limited evapotranspiration, reduced sedimentation, and stormwater quality treatment. Suggested characteristics are: To be used as both a stormwater and aesthetic feature frequently throughout developments. Special attention should be given to plant and ground cover considerations given the volume and duration of the designed stormwater. Special design considerations are: Typically work best in small drainage areas with frequent use and distribution, special attention is required in pervious soils and should be used in areas with high permeable soils (hydrologic soils groups A and B), not recommended in high swell soils. (15.) Level Spreader: The City finds that level spreaders can be an effective tool to evenly distribute flows and return volumes and velocity to a predevelopment distribution pattern. There are limited stormwater straining and water quality improvements. Article V Section F. Planning Design Standards Storm Water Standards Suggested characteristics are: Level spreaders are intended to work in a complimentary fashion with other LID techniques such as, but not limited to, sand filters and grass buffers. Special design considerations are: Typically level spreaders are used downstream of an outfall and have a low slope with stabilized and vegetated buffers both up and downstream. They typically are installed a suitable distance from the property line (30’-35’ is suggested) so that flow energy is dissipated, and predevelopment sheet flow characteristics are generated. Special consideration should be given in areas with highly erodible soils. (16.)Additional information regarding LID techniques is included in the document Planning For Stormwater, Developing a Low Impact Solution, a publication of the Alabama Cooperative Extension Service. This document is available for download from the Alabama Cooperative Extension Service website. G. UPSIZING: 1. Purpose – These upsizing standards shall implement the Comprehensive Plan for the physical development of the City by setting the location, character and extent of adequate public utilities. This design and arrangement shall promote the wise and efficient expenditure of public funds and establish the extent to which water and sewer and other utility mains, piping or other facilities shall be installed as condition precedent to the approval of the plat. These standards shall promote the following goals in the Comprehensive Plan: (a) define priority growth areas that will guide the future extension of public infrastructure; (b) prioritize projects that “pay their way” through covering the cost of necessary support services; (c) require that the location and alignment of infrastructure systems are efficient and cost-effective; and (d) provide for balance between maintenance and reconstruction of existing streets, services or facilities and expansion into new areas. 2. Applicability – Whenever any portion of the required improvements for the sSubdivision is part of planned future facilities for the City serving an area larger than the sSubdivision, the Planning Commission may require that the Subdividerapplicant construct the improvements to the capacity of the City plans. The Subdividerapplicant will be responsible for that portion of the costs required to serve the proposed sSubdivision, and the City shall reimburse the Subdividerdeveloper for those incremental costs to expand the improvements to the planned capacity. The Planning Commission may condition the approval of the pPreliminary pPlat on an agreement between the City and the Subdividerapplicant as to the equitable apportionment of those costs. The City’s participation shall be based on at least three contractor bids comparing the construction costs of the minimum required improvements and construction costs of the improvements as planned by the City. The agreement shall be subject to approval by the City Attorney. Article VI Construction Standards ARTICLE VI CONSTRUCTION STANDARDS A. General B. Streets and Lanes C. Curbs and Gutters D. Sidewalks E. Storm Water F. Water System G. Fire Hydrants H. Sanitary Sewerage I. Permanent Monuments J. RESERVED K. Inspection of Improvements L. Requirement to Complete Improvements M. Underground Utilities A. GENERAL: The sSub-divider shall be required to install or construct improvements hereinafter described prior to having released bond or other surety which guarantees the installation of such improvements. All improvements required shall be constructed in conformity with these rRegulations and in conformity with Chapter 19, Streets, Sidewalks, and Other Public Ways, of the Code of Ordinances for the City of Fairhope, as amended. All improvements shall be designed and sealed by a Project Engineer. The Project Engineer shall carry Errors and Omissions Insurance at a minimum coverage of at least $1,000,000. For purposes of this Article VI, the Subdivider is jointly obligated with all obligations stated for the Subdivider’s agents, design professionals, and construction contractors (herein “Contractor”) and Subdivider must ensure compliance with these Regulations by the Contractor. The term “Work” in this Article VI refers to any construction improvements required to be completed by Subdivider as set forth in this Article VI. B. STREETS AND LANES: The sSub-divider is required to pave all streets and lanes with a suitable hard surface, all weather type of pavement in compliance with cCity standards and the requirements of Chapter 19 of the Code of Ordinances, as amended. 1. Sub-grade – All streets, roads and lanes shall be so graded by the sSub-divider that pavements, curbs, and sidewalks can be constructed to the required cross-: section. Before commencing grading, the entire rRight-: of-: way shall be cleared of all stumps, roots, brush, and other objectionable materials as well as trees not intended to be preserved. Stumps, boulders and other obstructions shall be removed to a minimum depth of two feet below finish sub grade. Compaction of sub grade shall be not less than one Article VI Section B. Construction Standards Streets and Lanes hundred percent, Modified Proctor Density. Suitable materials from roadway cuts may be used in the construction of fills, approaches or at other locations as required. Fill shall be in layers not exceeding eight inches thickness and shall be compacted to not less than one hundred percent, Modified Proctor Density. 2. Pavement Base – After preparation of the sub grade, the base shall be constructed to a thickness of six inches. Base may be a mixture of sand clay, sand shell or plain shell. Base shall be compacted to one hundred percent Modified Proctor Density. 3. Following establishment and testing of the base, emulsified or cutback asphalt shall be heated or otherwise prepared to insure uniform distribution and a coat thereof sprayed on the prepared base, application rate to be determined by requirements of state specifications. 4. Wearing Surface shall consist of a surface course constructed with asphaltic concrete. It shall be constructed in one layer, not less than an average weight of one hundred sixty- five pounds per square yards at an average thickness of not less than one and one half inches. Wearing surface shall conform to the lines, grades, and typical cross sections shown on the Plans. A cross slope of not less than one: quarter inch per foot shall be maintained from centerline to curb line. Plant mix shall conform to state specifications for the type work. C. CURBS AND GUTTERS: Curbs and gutters shall be installed on all streets within the planning jurisdiction of the City of Fairhope, except on those streets which are eligible for the rural design standard expressed in Table 5.3, Appendix A of these rRegulations. On streets requiring curb and gutter, either valley type or barrier type concrete curb and gutter which meets the City's standards and specifications expressed in Chapter 19 of the Code of Ordinances, as amended shall be installed. Curbs and gutters shall be designed and installed in accordance with good engineering practice. Face of curbs shall be not less than six inches in height. Backfill behind curbs shall slope to the back of the curb for drainage. Markings shall be added to the curb to indicate the location of water and sewer laterals. D. SIDEWALKS: Sidewalks shall be installed on all streets within the planning jurisdiction of the City of Fairhope, except on those streets which are eligible for the rural design standard expressed in Table 5.3, Appendix A of these regulations, or as elsewhere provided for in these regulations. On streets requiring sidewalks, concrete sidewalks which meet the City's standards and specifications expressed in Chapter 19 of the Code of Ordinances, as amended shall be installed. Sidewalks shall be designed and installed in accordance with good engineering practice. E. STORM WATER: 1. Scope of Work – The scope of work shall consist of furnishing all labor and materials necessary to complete the work as designed and approved. The Work includes, but is not limited to, grading, channel adjustment or relocation, installation of culverts and bridges, construction of retention structures and ponds, erosion and sedimentation protection Article VI Section E. Construction Standards Storm Water FAIRHOPE SUBDIVISION REGULATIONS 3 measures, dikes, diversion of flow, ditch-checks, seeding, sodding, planting, fertilizing, excavation, backfill and general supervision of the Work. Article VI Section E. Construction Standards Storm Water FAIRHOPE SUBDIVISION REGULATIONS 4 2. Control of the Work – The Work shall at all times be subject to inspection by the project engineer and the representatives of the City and, where applicable, the County Engineer and/ or any other Agency which has jurisdiction or regulatory oversight of the project. Where work is found not in conformity with these regulations, Alabama Department of Transportation Standard Specifications for Highway Constructions, current edition, or applicable law, the work shall be suspended on the written order of the engineer or of the City's representative until work is brought into conformity. All work shall meet the more restrictive requirements of these rRegulations, the County’s regulations or of other applicable rules or laws. Persons engaged in performance of the Work shall take all necessary precautions and shall provide adequate safeguards and measures for protection of the Work and of the public and shall save harmless the City, the Engineer and their officers and employees from any and all claims for damages arising or which might arise from the prosecution of the Work. 3. Incidental Work – The Subdivider and cContractor shall at all times provide for protection of the public such barricades, signs, lights or other warnings as may be required by conditions of the Work. In the event that a hazardous condition exists and the Subdivider or cContractor fails to provide adequate protection, or in an emergency, the City shall take the action necessary to protect the Work and the public and the cost thereof shall be assessed against the Subdivider and Contractordeveloper who holds License to Construct. Any disturbed areas within public rights-of-way shall be reconstructed to the condition prevailing before being disturbed. Where connection or other modification to existing publicly maintained structures is necessary, the Subdivider and cContractor shall restore such structure to its former condition. Riprap shall be placed by the Subdivider or cContractor at the upstream and downstream ends of culverts as directed by the Project Engineer. All reservoir and open channel areas shall be seeded, fertilized and mulched, sodded, paved, or lined as shown on the plans. The Subdivider and cContractor shall employ such measures as are necessary for control of erosion and sediment and the protection of adjacent properties during construction. The Subdivider and cContractor shall also maintain all retention ponds and flow control structures during construction so as to protect adjacent properties. General maintenance of the Work shall be the Subdivider and cContractor’s responsibility until final acceptance thereof. 4. Licenses and Bonds – Contractors shall have appropriate State and local licenses for the type of work he or she will be performing. The cContractor and/or Subdivider shall also obtain a Performance Bond and a Labor and Materials Bond, or provide a lLetter of cCredit as required by the City. A Maintenance Bond in accordance with City Code Section 19-2(f) shall also be furnished. 5. General Specifications – Any item of work not covered by the specifications herein shall conform to the minimum requirements of Alabama Department of Transportation Standard Specifications for Highway Constructions, current edition and any requirements of the Alabama Department of Environmental Management. Article VI Section E. Construction Standards Storm Water FAIRHOPE SUBDIVISION REGULATIONS 5 Where the plans require open ditches they shall be constructed with a maximum slope of 2:1 unless the plans provide otherwise. Ditches shall have flat bottoms. All roadway cross-drain pipes shall be a minimum diameter of 18 inches and shall be reinforced concrete culvert meeting state specifications. Other culverts shall conform to state specifications. Culverts shall be placed in excavated trench to the line and grade shown on the plans. The maximum width of the excavated trench shall not exceed the outside diameter of the culvert by more than one- half the diameter on either side of the pipe. Material for backfill of culvert trenches shall consist of small diameter uniform material and shall be free of large rock or other unsuitable material. Backfill shall be placed in uniform lifts not exceeding eight inches in thickness and shall be compacted to not less than 95% relative density. Backfill shall be placed uniformly on each side of the culvert. All pipes shall be laid in conformity to state specifications. Not less than 12 inches cover shall be placed over any culvert 48 inches or less in diameter and 24 inches of cover shall be placed over pipes exceeding 48 inches in diameter. When a battery of pipes is used, a clear spacing of one-half the pipe diameter shall be provided between adjacent pipes. Wherever possible, box culverts should be used in lieu of multiple pipes. Maximum allowable cover, pipe class and strength requirements shall conform to manufacturer's recommendations and state specifications. No pipe less than 18 inches in diameter shall be used within public roadways or streets. Headwalls of reinforced concrete shall be constructed on all pipe culverts and shall conform to the plans and state specifications. In the event that the City or the project engineer determines that significant erosion or sedimentation is occurring because of land disturbing activity, the Subdivider and cContractor shall stop all construction and take necessary protective action. 6. Warranty after Completion – All facilities subject to acceptance for maintenance by the public shall be warranted for a period of two years after date of acceptance by the Subdivider and/or Contractordeveloper. A surety bond guaranteeing such maintenance shall be a condition precedent to acceptance for maintenance by the governing body. 7. Applicability of General Law and Regulations – All plans and the Work shall fully conform to all rules, regulations, codes, laws, and ordinances which may reasonably apply thereto. In the event of conflict between provisions, the most restrictive provision shall apply. 8. As-Built Drawings – A copy of the construction as-built drawings stamped by the engineer shall be submitted to the Planning Commission as verification that the project has been built in accordance with his or her design. Article VI Section E. Construction Standards Storm Water FAIRHOPE SUBDIVISION REGULATIONS 6 9. ESRI ArcMap Shapefiles – Electronic ESRI ArcMap shapefiles including but not limited to locations of all storm drainage piping, structures, inlets, ponds, swales, ditches, and any other forms of stormwater storage, treatment, or conveyance. Article VI Section F. Construction Standards Water System FAIRHOPE SUBDIVISION REGULATIONS 7 F. WATER SYSTEM: a. All subdivisions shall have water service. The water service shall be provided by either the Fairhope Public Utilities or an approved water service. b. Primary water service may be individual well type systems that have been approved by the Baldwin County Health Department and the Fairhope Public Utilities Water Department. c. All water systems constructed within a subdivision and all water systems constructed outside of a subdivision but servicing a subdivision shall be constructed in accordance with those certain “Standard Specifications for Constructing Sanitary Sewer Facilities and Water Facilities” attached hereto as Appendix F. d. Water meters shall be placed inside the property line at the start of the utility easement. G. FIRE HYDRANTS: Fire Hydrants shall be installed along each street at a maximum interval of four hundred fifty (450) feet, or at the ends and center of each block, or as otherwise required by the fire authority having jurisdiction. Water supply and pressure shall be adequate to provide fire protection and for the future needs of the development. Blue reflective markers shall be installed at the street line of streets to indicate the location of fire hydrants. H. SANITARY SEWERAGE: 1. All subdivisions shall have sanitary sewer service. The sewer service shall be provided by either the Fairhope Public Utilities or an approved sewer service. 2. All sanitary sewer systems constructed within a subdivision and all sanitary sewer systems constructed outside of a subdivision but servicing a subdivision shall be constructed in accordance with those certain “Standard Specifications for Constructing Sanitary Sewer Facilities and Water Facilities” which is on file at the City of Fairhope Water & Sewer Department. 3. Individual septic tank type systems that have been approved by the Baldwin County Health Department and the Fairhope Public Utilities Sewer Department may be utilitized. I. PERMANENT MONUMENTS: Monuments shall be set at all points where the exterior boundaries of the subdivision intersect, including points of curvature and points of tangency on curved boundaries. All monuments and interior lot corners shall be marked as prescribed by the most recent edition of the Alabama Society of Professional Land Surveyors document Standards of Practice for Surveying in the State of Alabama. Article VI Section J. Construction Standards Reserved FAIRHOPE SUBDIVISION REGULATIONS a J. RESERVED K. INSPECTION OF IMPROVEMENTS: When all required improvements have been installed, the Ssub-divider shall call for a final inspection. The Planning Director and/or his/her authorized agent and other City Department representatives shall inspect the site to determine if the required improvements are satisfactorily installed according to plans, specifications, standards and applicable laws and ordinances. To determine if the streets are installed to minimum standards, the sSub-divider shall select an independent testing laboratory approved by the City to make the necessary tests. Tests shall be conducted at the expense of the sSub-divider as required by Chapter 19 of the Fairhope Code of Ordinances. L. REQUIREMENT TO COMPLETE IMPROVEMENTS: Sub-divider shall be responsible for providing all required minimum improvements in the sSubdivision. This shall be accomplished by full installation of such improvements before the Final Plat is submitted to the Planning Commission for approval. Sub-divider shall be responsible for providing all test reports, inspection videos, and ESRI ArcMap Shapefiles including but not limited to the following: 1. Submission of all roadway and drainage-related test reports and inspection videos as required by Chapter 19 of the City of Fairhope Code of Ordinances stamped by a licensed professional engineer in the State of Alabama and including the engineer’s stamp and statement certifying the roadway construction meets the requirements of the project plans. 2. Submission of ESRI ArcMap Shapefiles are required by Article IV Section D. and Article VI. Section E. 3. Submission of all utility-related test reports, inspection videos, and ESRI ArcMap Shapefiles as required by Standard Specifications for Constructing Sanitary Sewer Facilities and Water Facilities with reports stamped by a licensed professional engineer in the State of Alabama and including the engineer’s stamp and statement certifying the utility services constructed meets the requirements of the project plans. M. UNDERGROUND UTILITIES: All utilities in all proposed sSubdivisions shall be installed underground. 1. The Planning Commission may waive this section in all or part based on evidence that underground installation is not in the best interest of the environment or is financially not feasible. Article VII Waivers ARTICLE VII WAIVERS A. Waiver Standards B. Procedure C. Conditions A. WAIVER STANDARDS: Except where these rRegulations elsewhere provide for a waiver as to a specific matter, waivers may be granted where the Planning Commission finds that the following conditions exist: 1. An extraordinary hardship may result from strict compliance with these rRegulations due to unusual topographic or other physical conditions of the land or surrounding area not generally applicable to other land areas. 2. The condition is beyond the control of the sSub-divider. 3. The requested waiver will not have the effect of nullifying the purpose and intent of the rRegulations, the Zoning Ordinance, or the Comprehensive Plan. 4. The waiver is the minimum deviation from the required standard necessary to relieve the hardship; 5. The waiver shall not have an adverse effect on adjacent landowners, or future landowners, or the public; 6. The waiver is necessary so that substantial justice is done. B. PROCEDURE: 1. Waivers must be requested in writing at the time of pPreliminary pPlat submission. This is required so staff can understand the implications of the waiver. The waiver request will be considered by the Planning Commission at the time the plat is considered. 2. Any waiver granted must be entered upon the minutes stating the grounds for the waiver. 3. Letters to adjacent property owners shall include a description of any waiver requested. C. CONDITIONS: In granting approval of a sSubdivision with a waiver, the Planning Commission may in its judgment, require such conditions to secure the objectives and interests of the City and the purposes of these Regulations. Article VIII Remedy, Penalty and Enforcement ARTICLE VIII REMEDY, PENALTY AND ENFORCEMENT Remedy and Ppenalty for violation of these subdivision rRegulations shall be as set forth in Title 11, Chapter 52, Code of Alabama, 1975, as amended. Enforcement shall be by civil action as further prescribed by Alabama law. said Code.