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Subdivision Regulations
Adopted March 8, 2007
Amended – 2/6/2023
TABLE OF CONTENTS
Article Item Page
ARTICLE I GENERAL PROVISIONS 1
A.Purpose
B.Authority
C.Jurisdiction
ARTICLE II DEFINITIONS 3
ARTICLE III RESPONSIBILITIES 11
A.Responsibility of the Subdivider
B.Responsibility of the City of Fairhope
ARTICLE IV PROCEDURE FOR PLAT APPROVAL 12
A. General
B. Pre-application and 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.Replats
F.Village Subdivision
G.Tourism Resort District Exemptions
H.Multiple Occupancy Projects
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TABLE OF CONTENTS
Article Item Page
ARTICLE V PLANNING DESIGN STANDARDS 31
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 Standards
7. Exceptions to Street Standards
E. Lot Standards
1. Purpose
2.Lot Sizes
3. Lot Access
4. Building Areas
5.Utility Access and Easements
6.Buffer Strips
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.Purpose
2.Applicability
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TABLE OF CONTENTS
Article Item Page
ARTICLE VI CONSTRUCTION STANDARDS 76
A. General
B. Streets and Lanes
C. Curbs and Gutters
D. Sidewalks
E.Storm Water
1.Scope of Work
2.Control of the Work
3.Incidental Work
4.Licenses and Bonds
5.General Specifications
6.Warranty After Completion
7.Applicability of General Law and Regulations
8.As-Built Drawings
9.ESRI ArcMap Shapefiles
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
ARTICLE VII WAIVERS 83
A. Waiver Standards
B. Procedure
C. Conditions
ARTICLE VIII REMEDY, PENALTY AND ENFORCEMENT 84
ARTICLE IX SEPARABILITY AND SEVERABILITY 85
APPENDICES
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Article I
General Provisions
ARTICLE I
GENERAL PROVISI ONS
A.Purpose
B.Authority
C.Jurisdiction
A.Purpose:
The purpose of these Regulations 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 Regulations 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, 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 the
Code of Alabama, 1975 as set forth in Title 11, Chapter 52, as amended.
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Article I
General Provisions
C.Jurisdiction:
These Regulations shall govern the Subdivision of land within the corporate limits 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. Any owner of land wishing to subdivide land shall submit
to the Planning Commission an application and plat of the Subdivision which shall conform
to the minimum requirements set forth in these Regulations. No plat of a Subdivision 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 Sub-divider shall transfer or sell lots within a
Subdivision until a proper plat of such Subdivision shall have been 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 of the Planning Commission shall
have affixed a signed statement of approval upon the face of the plat.
Appeals of final Planning Commission decisions pursuant to these Regulations shall be
addressed through the appropriate judicial authority.
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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 right-of-way primarily designed to serve 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.
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.
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Article II
Definitions
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 Subdivision. Condominium developments shall
submit a plat(s) that adhere(s) to the requirements established in this document. Existing
buildings as of September 2001 are exempt from these procedures. Additionally, the Central
Business District as defined in the Zoning Ordinance is exempt from these procedures.
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Article II
Definitions
Corner Lot: a parcel of land abutting upon two or more streets at their intersection.
Crosswalk: a designated transverse Right-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, 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.
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 Subdivisions 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.
Exception: basis for non-application of a particular standard in these Regulations, approved
at the discretion of the Planning Commission as part of the application process, and based on
general circumstances and criteria specified in these Regulations.
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Article II
Definitions
Final Plat: a plat or plan of a tract of land which meets the requirements of these Regulations
and is in proper form for recording in the Office of the Judge of Probate 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 a Buffer.
Detention and retention ponds are typically not allowed within Buffers since they are used to
meet water quantity/quality requirements.
Flood Control Volume: the intent of flood control volume 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 Base Flood without cumulatively increasing the water
surface more than one (1) foot. For the purpose of these Regulations, floodways shall be
defined as follows:
(a) The floodways as identified or delineated in the current Flood Insurance Rate Map
(FIRM) published for Fairhope, AL (#010006).
(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 Base Flood.
Graphic, Table, and Commentary Interpretation: graphics, tables, and commentary boxes
used in these Regulations 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.
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.
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Article II
Definitions
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. hydrophytic 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, as amended, 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 Regulations.
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 Subdivision not classified as a minor Subdivision, including but
not limited to Subdivisions of five (5) or more lots, including remnant parcels, or any size
Subdivision 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.
Minor Subdivision: a Subdivision 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.
Official Maps and Plans: the maps and plans prepared as a part of the Comprehensive Plan.
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 Regulations.
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.
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Article II
Definitions
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 Subdivision submitted to the
Planning Commission for its consideration.
Record Plat: a plat or plan of a proposed Subdivision 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 Subdivision 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 Regulations and
may be consulted for guidance and support in implementing the goals and purposes of these
Regulations. However, these resources shall not be used to contradict or conflict with any
standards expressed in these Regulations. 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.
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 Right 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 Right-of-way paved for the use as a walkway for pedestrians.
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Article II
Definitions
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 Right-of-way paved for vehicular traffic, parking, or the shared use
of bicycles.
Street Width: the entire width of the traveled Right-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 Regulations the rainfall depth associated with first flush is 1.8
inches.
Subdivider: a landowner applying for a Subdivision, or the landowner’s agent.
Subdivision: this term shall have the meaning ascribed to it in Alabama Code § 11-52-1
(1975), as amended.
Subdivision, Major: (See Major Subdivision)
Subdivision, Minor: (See Minor Subdivision)
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 Regulations,
granted at the discretion of the Planning Commission through a separate procedure, based on
criteria unique to the specific site.
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Article II
Definitions
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.
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Article III
Responsibilities
ARTICLE III
RESPONSIBILITIES
A.Responsibility of the Subdivider
B.Responsibility of the City of Fairhope
A.Responsibility of the Subdivider:
The Sub-divider is responsible for providing all engineering services, including plans and
specifications in conformity with these Regulations 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 Sub-
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 Sub-divider. The Sub-divider shall
be responsible for payment of all fees and charges required by these Regulations in full.
B.Responsibility of the City of Fairhope:
The City shall, after final plat approval and recording and upon receipt of all test reports,
maintenance bond, as-built plans, certification and other requirements of the Code of
Ordinances and these Regulations, by resolution of the City Council, accept the streets and
public utilities within the Right-of-way for 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 acceptance of such improvements for
maintenance.
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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 until the plat has
been finally approved by the
Planning Commission, according
to these procedures. The procedure
for review and approval of a
Subdivision plat generally consists
of three separate steps – pre-
application, a Preliminary Plat, and
a Final Plat.
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)
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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 Subdividers for Major Subdivisions, Village
Subdivisions and Multiple Occupancy Projects must attend a mandatory pre-
application conference with City staff prior to making application so the Subdivider
may become familiar with the Comprehensive Plan 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 Major Subdivision, Village Subdivisions or Multiple Occupancy
Project the Subdivider must conduct a community meeting to solicit public input.
(1)Notice of Community Meeting – The Subdivider 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 publicly
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’s responsibility.
Where land adjacent to the subject property involves leasehold property, the
names and addresses of the landowner and the leasehold tenant shall be notified.
Upon application for a Major Subdivision, Village Subdivisions and Multiple
Occupancy Projects, the following community meeting information must be provided:
i.Copy of notice mailed to adjacent 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 Subdivider 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 Subdivider and the agent preparing the sketch
plat;
b.Graphic scale and north arrow;
c.Proposed land uses;
d.Proposed name of Subdivision;
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
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.
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Article IV Section C.
Procedure for Plat Approval Preliminary Plat
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 Preliminary Plat shall include the
Preliminary Plat and all plans for staff review demonstrating compliance with these
Regulations. Two (2) copies of the Preliminary Plat and two copies of all plans shall be
submitted initially for staff review. Following staff review and comments, formal
submission of the Preliminary Plat shall include eighteen (18) copies of the Preliminary
Plat 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 Subdivision, and names and location of any
adjacent Subdivisions. The name of the proposed Subdivision shall not duplicate
or closely approximate the name of any other Subdivision covered by these
Regulations. The Planning Commission shall have the final authority to designate
the name of the Subdivision.
(3)Names and addresses of Subdivider, designer, applicant agent and all associated
investors and record owners of lands immediately adjacent to Subdivision.
(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 VI, Sections F.
and H., respectively of these Regulations, and the Code of Ordinances of the City
of Fairhope. The Subdivider 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 Subdivision 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.
(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.
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Article IV Section C.
Procedure for Plat Approval Preliminary Plat
(16)Subdivider 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)Subdivider 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)Subdivider shall submit all plats, plans, drawings, renderings, applications,
checklists, images, narratives, and any and all preliminary Subdivision
application materials digitally in Adobe PDF format or as otherwise specified in
these Regulations.
c.A street plan including but not limited to:
(1)The location of existing and proposed streets within and adjacent to the
Subdivision
(2)Widths and purpose of existing and proposed Rights-of-way and Easements
(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 Subdivision 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 Preliminary 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
Regulations 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 Rights-of-way and all proposed changes, including, but not
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 Rights-of-way controlled by the County, except that the
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Article IV Section C.
Procedure for Plat Approval Preliminary Plat
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 Subdivision 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 Subdivider 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 Subdivider 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 intersecti ons
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 pe ak
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;
(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;
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Article IV Section C.
Procedure for Plat Approval Preliminary Plat
(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 Subdivision 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 Subdivider to post the sign in accordance with these
Regulations. Failure to post this sign may result in nullification of the Subdivision
application and approval.
k.Filing fee as specified in the City’s most recent schedule of fees.
2.Staff review – Subdivider for a Preliminary Plat shall first submit the Preliminary Plat
and plans to the Planning Director and/or his/her authorized agent for staff 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 Subdivider. Following staff review and
comments the Subdivider 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 Subdivider and owners of land immediately adjoining the platted land stating the
time and place of the hearing. The Subdivider 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 Subdivider to post the sign in accordance
with these Regulations. Failure to post this sign may result in nullification of the
Subdivision application and approval.
4.Planning Commission Decision –
a.After review of the proposed Preliminary Plat by the Planning Commission, the
Planning Commission may:
(1)Approve the Preliminary Plat;
(2)Approve the Preliminary Plat with conditions;
(3)Deny the Preliminary Plat with stated reason(s) for denial; or
(4)Table the application for further study and additional information.
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Article IV Section C.
Procedure for Plat Approval Preliminary Plat
b.Preliminary Plat approval shall not constitute final acceptance of the Subdivision and
the approval shall not be endorsed upon the plat. As provided by state law, these
Regulations require tentative or preliminary approval of a Subdivision before
installation of streets and utilities.
c. There is no provision for automatic preliminary approval upon the failure or refusal of
the Planning Commission to act on a Preliminary Plat. The Subdivider'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 Final Plat approval.
d.Upon approval of the Preliminary Plat, the Subdivider may apply for a Pre-
construction Conference and install all required improvements in substantial
conformity of all requirements of the Regulations, applicable codes, and laws, and
apply for Final plat approval
e.When the Planning Commission denies a Preliminary Plat, no further Subdivision
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 Preliminary Plat 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 Preliminary Plat 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 Subdivider 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 Subdivider or contractor shall proceed
with any site work under authority of Preliminary Plat 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 Final Plat is not submitted within two years or less after preliminary approval has
been given, the preliminary approval shall expire and the Preliminary Plat shall be
null, void and of no force or effect.
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Article IV Section D.
Procedure for Plat Approval Final Plat
D.Final Plat:
Prior to expiration of Preliminary Plat approval, Subdivider may submit eighteen (18) copies
of the Final Plat to the commission staff for review and, if in compliance, placement on the
Planning Commission 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 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 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 triangl es 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 Subdivider 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.
(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 completion of
development and sale of all lots, such documents running as a covenant with the
lands.
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Article IV Section D.
Procedure for Plat Approval Final Plat
(18)The engineer shall perform the supervision of construction; the Final Plat 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 Final Plats, plans, drawings, as-built drawings, renderings, applications,
checklists, images, narratives, and any and all Subdivision Final Plat or final
approval application materials shall be submitted in an ADOBE PDF format or
as otherwise required in these Regulations.
(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 Final Plat that includes only a portion of the land area of an approved
Preliminary Plat shall correspond to the phase lines on an approved Preliminary Plat.
3.Staff Review – Subdivider for a Final Plat shall first submit the Final Plat 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 Subdivider for re-submission for a later hearing. Staff shall review
the application and provide comments to the Subdivider. Following staff review and
comments the Subdivider shall make a formal application for submittal to and review by
the Planning Commission.
4.Final Inspections – Subdivider shall submit a letter of verification prepared by the
Subdivider’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,
the application will be submitted to the Planning Commission for review. Final Plats in
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Article IV Section D.
Procedure for Plat Approval Final Plat
substantial conformity with an approved Preliminary Plat may be approved by the
Planning Commission.
6.Planning Commission Decision –
a.After review of the proposed Final Plat by the Planning Commission, the Planning
Commission shall:
(1)Approve the Final Plat;
(2)Approve the Final Plat with conditions; or
(3)Deny the Final Plat 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
Subdivider stating the reasons for disapproval.
c.The Planning Commission may table the Final Plat for further investigation,
discussion, and reconsideration.
d.Upon the decision rendered by the Planning Commission, the Planning Department
will issue a letter to the Subdivider regarding the official decision of the Planning
Commission regarding the site proposed.
7.Recording – Subdivider 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 Subdivider shall provide a copy of the recorded
Final Plat; failure to do so shall result in the denial of the issuance of the building permits
within the Subdivision.
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 Regulations.
2.Replat - Lot line adjustments may be approved administratively by a Replat 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 Replat shall otherwise comply with all requirements of
Article V, Section E. Lot Standards. A Replat 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 Replat may be required by the
Planning Director to resolve discrepancies between lots of record and tax parcels
comprising multiple lots.
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Article IV Section F.
Procedure For Plat Approval Village Subdivision
F.Village Subdivision:
1.Purpose - The Subdivision standards established in these Regulations 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 Subdivision Regulations. 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 Subdivider 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, designer, applicant agent, and all associated
investors participating in the preparation of the site plan and record owners of lands
immediately adjacent to the Subdivision;
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 of 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;
k.Location and dimension of all site improvements including sidewalks, pedestrian
paths, streets, lanes, driveways, and parking areas;
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Article IV Section G.
Procedure For Plat Approval Tourism Resort District Exemptions
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 Preliminary Plat 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 Regulations 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 Regulations 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 Subdivision
regulations, and provide a stable environmental character compatible with surrounding
areas. Accordingly, this Article IV, Section G provides alternatives to the standard
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Article IV Section G.
Procedure For Plat Approval Tourism Resort District Exemptions
Subdivision Regulations 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.
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 Subdivision 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 Rights-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 Right-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 Subdivider 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
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Article IV Section G.
Procedure For Plat Approval Tourism Resort District Exemptions
Street sections reflecting the minimum pavement width and Right-of-way width for
each of the foregoing shall be set forth in the Subdivider’s TR District 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 a
Subdivider’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, Rights-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
Rights-of-way of any private roadways. In addition, street and access lighting
(including streetlights), irrigation systems, landscaped areas, project identification
signage, permanent street and directional signage and decorative walls may be
located within the Rights-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 Alabam a
governing signage.
j.All utilities shall be installed underground and may be located within the Rights-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 Rights-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 Rights-of-way.
25 of 85 4/7/2023
Article IV Section G.
Procedure For Plat Approval Tourism Resort District Exemptions
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.
l.The TR District Zoning Application for any Subdivider 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 Director or any other individual employee of the City
designated by the City’s Planning 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 Subdivider as part of the 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.Streetlights shall not be required within the Property. Any streetlights constructed
within the Rights-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 streetlights constructed within the Rights-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 Subdivider, 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 Rights-
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 Subdivisions 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.
26 of 85 4/7/2023
Article IV Section G.
Procedure For Plat Approval Tourism Resort District Exemptions
v.All drainage facilities within the Property will be designed only taking into account
the existing, unimproved condition of upstream watershed areas. No increased
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 Subdivision of the lot for the proposed condominium development
(which Subdivision must be approved by the Planning 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.
Subdivider shall designate on any double frontage lots only one (1) front Build-To
Line (to be established in the Subdivider’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.
3.Specific Exceptions from Subdivision Regulations -- In addition to the exceptions and
exemptions granted pursuant to Paragraph 2 above, the following provisions of the
27 of 85 4/7/2023
Article IV Section G.
Procedure For Plat Approval Tourism Resort District Exemptions
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:
“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), Subdivider 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’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 Director or any other individual
employee of the City designated by the City’s Planning Director to act on his or her
28 of 85 4/7/2023
Article IV Section H.
Procedure For Plat Approval Multiple Occupancy Projects
behalf in shallow burial situations.”].
e.Appendix A, Table 5.3.
f.Appendix B.
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.
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 Preliminary Plat and plans for such project, which must at a
minimum, comply with the following requirements:
a.Each Preliminary Plat and plans shall comply with the storm water requirements of
Article V, Section F hereof.
b.Each Preliminary Plat 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 shall comply with the minimum set back requirements of the City of
Fairhope Zoning Ordinance.
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Article IV Section H.
Procedure For Plat Approval Multiple Occupancy Projects
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
shall comply with the height requirements of the City of Fairhope Zoning Ordinance.
f.Each Preliminary Plat and plans shall otherwise conform to the terms of Article I,
Section A hereof.
g.Each Preliminary Plat and plans shall comply with the greenspace requirements of
Article V, Section C. hereof.
h.Each Preliminary Plat and plans shall comply with the tree protection requirements of
Article V, Section D.5.a(9)-(11).
3.Each Preliminary Plat and plans shall be submitted for review and decision in accordance
with the requirements of Article IV, Section C, and the Final Plat 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 Regulations.
30 of 85 4/7/2023
Article V
Planning Design Standard s
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
31 of 85 4/7/2023
Article V Section C.
Planning Design Standards Greenspace Standards
A.General Applicability:
When lands proposed to be subdivided include or abut an existing street, all rights-of-way
shall be improved to meet the standards and specifications of these Regulations.
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 Subdivision is not consistent with the City’s Comprehensive Plan,
and/or the City’s Zoning ordinance, where applicable;
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;
c.The proposed Subdivision is not consistent with these Regulations;
d.The proposed Subdivision is not consistent with other applicable state or federal laws
and regulations; or
e.Notwithstanding that the proposed Subdivision may satisfy the technical, objective
provisions of these Regulations, the Commission has discretion to deny a Subdivision
if there is any articulable, rational basis for a determination that the proposed
Subdivision 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:
(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.
32 of 85 4/7/2023
Article V Section C.
Planning Design Standards Greenspace Standards
2.Applicability and Requirements - Greenspace amounts to be provided shall be calculated
based on the net density of a Subdivision and applied to the gross area of the Subdivision
to determine the required greenspace for the Subdivision. For the purposes of this section,
net density of a site is the resulting number of units per acre after removing public or
private Rights-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 Subdivider.
2.Wet holding basin banks shall not exceed a 3:1 slope.
3. Greenspace credit for wet holding basins shall not exceed 30% of the surface
area of the wet holding basin at the basin’s static water level.
e.not include any Right-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.
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 co ntext sensitive
with the built environment around it.
f.Types of Greenspace
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Article V Section C.
Planning Design Standards Greenspace Standards
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.
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
34 of 85 4/7/2023
Article V Section C.
Planning Design Standards Greenspace Standards
Category Type Description Location
Size
Recommendation Image CIVIC GREENSPACE Green
A 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
A 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 bordered by a
public Right-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 bordered 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.
35 of 85 4/7/2023
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.
36 of 85 4/7/2023
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.
2.Street Classification and Function –Streets in all Subdivisions shall be classified in one of
the following categories. Each category shall serve the specified functions and support
the described adjacent land 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.
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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
mobility
✓Parking
✓Residential uses
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 Subdivisions
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
Subdivision 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 Subdivisions 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.
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.
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b.Collector Streets - All proposed Subdivisions 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.3.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 Subdivisions shall have a Local Street at least every 1/8
mile (660’) for residential Subdivisions and at least every 1/12 mile (440’) for non-
residential Subdivisions, but no two non-intersecting local streets shall be closer than
220 feet at any point. Arterial streets in compliance with section D.3.a. and collector
streets in compliance with section D.3.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:
(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.c., 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 least 70 feet and a Right-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 Right-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.
Figure 5.3 – temporary circular turnaround
with potential to be incorporated into traffic
circle when street is extended
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(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.Streetlights are to be paid for or
installed by the Subdivider at the
time of development. Streetlights
shall be approved by the Planning
Director 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
Subdivider and the utility provider.
All other approvals, including the
design layout of streetlights, will be granted by the electrical superintendent.
The utility provider shall be responsible for the installation and maintenance of the
streetlights. Outside the City of Fairhope, the homeowner’s association will be
responsible for the maintenance, if applicable, and energy costs of the lights and this
responsibility shall be noted on the plat.
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.
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 Right-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.
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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 Subdivision 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
Subdivision, the other half of the street or
lane shall be dedicated with the Subdivision. 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
Figure 5.4 – “L-shaped” street with blocks
maintaining the maximum size.
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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
Subdivider 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 Ordinance 1193, tree
protection, will be levied in accordance to the City of Fairhope’s restitution
table.
(10)Subdivider shall be responsible for watering trees prior to Subdivision
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
these Regulations 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. The City
Horticulturist must approve or deny the permit within fourteen (14) working
days after receipt of the application.
(c) All tree removal will be at the property owner’s expense except for; 1) trees
on the City Right-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.
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(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 mailboxes are allowed in the Right-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;
(e)20 to 30 feet for the intersection of a
collector street and an arterial street; and Figure 5.5 – Intersections limited to two
streets at approximately 90-degree angles
except in the case of local streets.
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(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 Right-of-way line. << Figure
5.6 >>
Table 5.4
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 5.6 – 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.
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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:
(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 >>
Figure 5.7 - traffic circle
Figure 5.8 - roundabout
Figure 5.9 - curb projections
or “bulb-out.” Figure 5.10 - median
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(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 >>
(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.
Figure 5.11 – speed hump
Figure 5.12 – speed table
Figure 5.13 - chicane Figure 5.14 - choker
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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
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 Subdivision 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 Subdivisions 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.
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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
impracticable in that the
Subdivider 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.
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.
Figure 5.16 – Rural Subdivision 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 Regulations 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.
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(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 Right-of-way. In such
event, the Planning Commission may require the installation of sidewalks in
easements along the margin of the lots adjacent to the Right-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 Subdivision or due to topographical conditions. However, in such cases
the Planning 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.
c.Rural Subdivisions – 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
Regulations 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 total area of the
Subdivision must be greater
than 20 acres;
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).
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(2)The traffic generated by the uses proposed in the Subdivision shall not require
any road improvements above the rural Local Road standard established in Table
5.3 in Appendix A;
(3) 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 Right-of-way upon the initial rural
Subdivision.
(4) All lots within the Subdivision shall be a minimum of 5 acres. Lot lines should
follow the centerline of the Right-of-way platted for future streets wherever
possible.
(5)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
Regulations. Buildings shall be placed so that future re-subdivision and the
construction of streets on the reserved Rights-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 Right-of-way;
(b)Placement at the corner of a block created by existing streets and reserved
Right-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 >>
(c) Placement at the middle of a block created by existing streets and reserved
Right-of-way. The building should be placed close enough to the existing
street or reserved Right-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>>
(6)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 >>
(7) Any re-subdivision of the lots not in conformance with these standards for rural
Subdivisions shall require all streets and blocks to be laid out and improved in
conformance with the standards Article V., Section D.
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d.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.
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
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 Subdivisions must still maintain the ability for streets to be platted in
conformance with these Regulations 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. provide exceptions to these Subdivision standards while maintaining the
opportunity for future re-subdivision in accordance with the standards
Figure 5.18 – Common driveway in rural Subdivision with
drive along a potential future public street in the event that
property is re-subdivided by property owners.
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buildings that relate to public streets both functionally and visibly, and a building
orientation that 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 Commission 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.
3.Lot Access –
a.Except in rural and agricultural Subdivisions under
Section D.7 or as otherwise provided in these
Regulations, 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.
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.
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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 Right-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 Right-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.
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
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.
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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 Subdivision 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.
5.Utility Access and Easements -
a.Except where lanes are provided at the rear of lots, easements not less than fifteen
feet in width alongside and rear lot lines are 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 Subdivision 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.
Commentary
The purpose of these Regulations 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.
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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>>
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 Regulations.
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Article V Section F.
Planning Design Standards Storm Water Standards
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.
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 Subdivisions 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 Subdivision 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
Subdivision and/or staged phase of the Subdivision;
(e)Differential runoff calculations for pre-development and post-development
conditions;
(f)The effect of the Subdivision on existing upstream and downstream facilities
outside the area of the Subdivision; 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.
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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 stormwater management;
(b)Data on historical runoff, developed runoff, detention pond details, and
method of discharge.
(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
Subdivider 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 plan
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.
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(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 Subdivisions and other development where
adequacy of drainage is reasonably questioned.
b.Adverse Effects - Where it can be reasonably anticipated that additional quantity or
velocity of runoff from development of a Subdivision 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 Subdivision 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
Subdivisions provide frontage only upon existing Right-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:
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"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
______________________________________________________
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 Streamside Buffer (in this paragraph 4, “Buffer”) 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 Buffers
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 Subdivider can demonstrate hardship or
unique circumstances that make compliance with the Buffer requirement difficult.
b.A Buffer layer in the City’s GIS system has been developed to show Buffer limits
along streams within the City’s Planning Jurisdiction. The following Buffer widths
used to develop the Buffer layer for streams, are shown in the following table and are
measured from the top of bank as defined in Article II of these Regulations. 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 Buffer
requirement applies to streams beginning at a point where the drainage area is 100
acres or greater.
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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 Buffer applies to all properties except those properties that are an existing lot of
record and/or included on an approved Preliminary Plat prior to March 8, 2007.
d.Allowable uses in the Buffer include: flood control structures; utility easements as
deemed necessary and approved by the Planning Director or authorized
representative; natural footpaths; greenways, paved roadways; pedestrian and
bikeway crossings perpendicular to the streamside including approaches, dock and
ramp access, and other uses as determined by the Planning Director or authorized
representative. All Buffer 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 Buffer 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 Buffer 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 Buffer to accommodate primary structures. Buffers
should be delineated before streets and lots are laid out to minimize Buffer intrusion
and to assure adequate buildable area on each platted lot. Land within the Buffer can
serve to meet the minimum lot requirements.
g.Buffer impacts are inevitable with development. Modification and mitigation of the
Buffer width are available to landowners or developers of newly platted lots or
Subdivisions 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 Buffer 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 Buffer on the proposed project and specify a proposed buffer
mitigation plan. The Planning Director or authorized representative will review and
render a decision on the Buffer encroachment and proposed mitigation within 30
days after receiving the request. In no case shall the reduced width of the Buffer be
less than 25 feet. Subdividers can appeal the decision of the Planning Director or
authorized representative’s decision to the Planning Commission.
h.In order to maintain the functional value of the Buffer: 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 Buffer 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 Buffer restoration plan must be approved by the
Planning Director or authorized representative.
i.Stream boundaries including each Buffer zone must be clearly delineated on all
grading plans, Subdivision plats, site plans and any other development plans.
(1)The outside limit of the Buffer 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
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than 100 feet wide, prior to any land disturbing activities, or in the case of Minor
Subdivisions, prior to approval of the Minor Subdivision 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 Buffer 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 Major Subdivisions, permanent wetland Buffer signage shall be a
minimum 1’- 0” wide x 1’-6” tall 0.080” aluminum sign face, with black text
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 Minor Subdivisions, temporary wetland Buffer 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 Planning Commission reserves the right to
require permanent wetland Buffer signage for Minor Subdivisions 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 Buffer then approved mitigation of
these impacts based on the permit conditions supersede the applicable components of
the Buffer requirements in areas covered by the permit. The Buffer 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 Subdivisions 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 Subdivisions 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.
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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
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.
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c.Site Facilities –
(1)The Subdivider 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 Subdivision.
Adequate provisions shall be made within each Subdivision for drainage facilities
required.
(2)Where a public storm water system is available, the Subdivider 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.
(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, 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.
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d.Detention ponds shall be stabilized by means of grassing, sodding, erosion control
netting, or a combination thereof. Sediment shall be removed from 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-family developments of three acres or
more. The requirement for a combination of storage and controlled release of storm
water is not required for Minor Subdivisions; 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 Commission’s
discretion that the intensity of the development could cause off-site storm water flow
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impacts during or after development. The retention or detention (whenever detention
requirements are addressed by these Regulations, 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. Subdivider 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 Subdivider 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
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
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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-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 Subdivisions 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 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:
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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 Subdivider 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 Subdivider 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 Subdividers 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.
(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.
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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 Subdivider 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 Subdivider 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 Subdivider 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
either the allowable velocity of the downstream receiving system or the pre-
development velocities, whichever is higher. The Subdivider must provide
supporting calculations and/or documentation that downstream velocities do not
exceed the allowable range once the downstream modifications are installed.
(2)The Subdivider may use on-site controls to keep downstream post-development
discharges at or below allowable velocity limits. The Subdivider must provide
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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
Subdivision may be required of the Owner to handle runoff into a natural drainage
channel.
d.Where a Subdivision 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.
b.Maintenance outside the street right-of-way shall be the responsibility of the legal
entity established by the Subdivider 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 Subdivider shall verify in writing that a legal
entity shall be responsible for continual maintenance.
c.All erosion and sedimentation protection facilities shall be regularly maintained as
required to insure that they function effectively.
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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 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 Subdivider 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 Subdivider, and the
Subdivider shall deposit with the 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
Subdivider. If the Cash Deposit is insufficient to pay the fees and costs of the Third-
Party Professional, the Subdivider shall immediately remit to the City such funds as
are necessary to make up any shortfall.
d.The Third-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 Subdivider or the Subdivider’s agent. The City Planning Department shall
include, as part of the application materials to the Planning Commission a
recommendation regarding the waiver.
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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 Subdivider given the
particular circumstances and characteristics of the proposed Subdivision:
(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
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
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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.
(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,
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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 Village Subdivision 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 Planned Unit Development or Village Subdivision 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. 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.
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Article V Section F.
Planning Design Standards Storm Water Standards
(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 landforms, 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.
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
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Article V Section G.
Planning Design Standards Upsizing
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 Subdivision
is part of planned future facilities for the City serving an area larger than the Subdivision,
the Planning Commission may require that the Subdivider construct the improvements to
the capacity of the City plans. The Subdivider will be responsible for that portion of the
costs required to serve the proposed Subdivision, and the City shall reimburse the
Subdivider for those incremental costs to expand the improvements to the planned
capacity. The Planning Commission may condition the approval of the Preliminary Plat
on an agreement between the City and the Subdivider 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.
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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 Subdivider 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
Regulations 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 Subdivider is required to pave all streets and lanes with a suitable hard surface, all
weather type of pavement in compliance with City 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 Subdivider that
pavements, curbs, and sidewalks can be constructed to the required cross-section. Before
commencing grading, the entire Right-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 hundred percent,
Modified Proctor Density. Suitable materials from roadway cuts may be used in the
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Article VI Section B.
Construction Standards Streets and Lanes
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 of 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 Regulations. 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.
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Article VI Section E.
Construction Standards Storm Wa ter
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
measures, dikes, diversion of flow, ditch-checks, seeding, sodding, planting, fertilizing,
excavation, backfill and general supervision of the Work.
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 Regulations, 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 Contractor 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 Contractor 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 Contractor 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 Contractor shall restore
such structure to its former condition.
Riprap shall be placed by the Subdivider or Contractor 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 Contractor shall employ such
measures as are necessary for control of erosion and sediment and the protection of
adjacent properties during construction. The Subdivider and Contractor 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
Contractor’s responsibility until final acceptance thereof.
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Article VI Section E.
Construction Standards Storm Wa ter
4.Licenses and Bonds – Contractors shall have appropriate State and local licenses for the
type of work he or she will be performing. The Contractor and/or Subdivider shall also
obtain a Performance Bond and a Labor and Materials Bond or provide a Letter of Credit
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.
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 significa nt erosion or
sedimentation is occurring because of land disturbing activity, the Subdivider and
Contractor 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 Contractor. A surety bond guaranteeing such maintenance shall be a
condition precedent to acceptance for maintenance by the governing body.
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Article VI Section E.
Construction Standards Storm Wa ter
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.
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.
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Article VI Section F.
Construction Standards Water System
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
utilized.
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.
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Article VI Section J.
Construction Standards Reserved
J.RESERVED
K.INSPECTION OF IMPROVEMENTS:
When all required improvements have been installed, the Subdivider 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 Subdivider
shall select an independent testing laboratory approved by the City to make the necessary
tests. Tests shall be conducted at the expense of the Subdivider as required by Chapter 19 of
the Fairhope Code of Ordinances.
L.REQUIREMENT TO COMPLETE IMPROVEMENTS:
Subdivider shall be responsible for providing all required minimum improvements in the
Subdivision. 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 Subdivisions 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.
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Article VII
Waivers
ARTICLE VII
WAIVERS
A.Waiver Standards
B. Procedure
C. Conditions
A.WAIVER STANDARDS:
Except where these Regulations 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 Regulations
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 Subdivider.
3.The requested waiver will not have the effect of nullifying the purpose and intent of
the Regulations, 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 Preliminary Plat 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 Subdivision 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.
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Article VIII
Remedy, Penalty and Enforcement
ARTICLE VIII
REMEDY, PENALTY AND ENFORCEMENT
Remedy and penalty for violation of these Regulations 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.
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Article IX
Separability and Severability
ARTICLE IX
SEPARABILITY AND SEVERABILITY
Should any Article, Section, Subsection or Provision of these Subdivision Regulations be
declared by a Court of competent jurisdiction to be invalid or unconstitutional, the remaining
Regulations as a whole or any part thereof shall be deemed valid except as to the part so declared
to be invalid or unconstitutional.
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Appendices
____________________________________________________________________________________________________________
FAIRHOPE SUBDIVISION REGULATIONS i
Appendix A
Table 5.3, Street Classification, Design, and Function
Appendix B
Photographic illustrations of goals, purposes, and regulations
Appendix C
Chapter 19 Code of Ordinances City of Fairhope
Appendix D
Figure 4-13 of the Alabama Department of Transportation Hydraulics Manual
Appendix E
Table 4-2 of the Alabama Department of Transportation Hydraulics Manual
Appendix F
Standard Specifications for Constructing Sanitary Sewer and Water Facilities
Appendix G
Tree Protection Barricade Detail
Appendix H
Criteria for Left Turn Lane Warrants
Appendix I
Suggested Certificates for Final Subdivision Plats
Appendix J
Amendments
FAIRHOPE SUBDIVISION REGULATIONS A-1
APPENDIX A
Table 5.3
Street Classification, Design, and Function
Land Use and Street
Characteristics Arterial Streets Collector Streets Local Streets
Boulevard / Avenue* Parkway / Avenue* Highway Street –60/70 Road – 50/70 Street - 50 Street - 40 Road-40 Lane
Non-residential Land
Use
• Office
• Commercial/Retail
• Mixed-use villages
Maximum Design Speed 20 mph 20 mph - 20 mph - 20 mph - - 10 mph
Number of through lanes 2 - 4 2 - 4 - 2 - 2 - - 1 yield flow 3
Lane widths 9’ – 10’ 9’ – 10’ 9’ – 10’ 9’ - 12’ – 16’
Parking lane width (each side) 1 7’ or 18’ 7’ or 18’ - 7’ or 18’ - 7’ optional 1 side - - none
Median width none 15’ – 85’ - none - none - - none
Number of Bike lanes 2 1 - 2 1 - 2 - 1 - 2 - none - - none
Curd & gutter (each side) 1’ – 2’ 2’ – 4’ - 1’ – 2’ - 1’ – 2’ - - none
Total finished street width 38’ – 86’ 55’ – 105’ - 34’ – 44’ - 20’ – 27’ - - 12’ – 16’
Planting strip width (each side) 0’ or 6’ 0’ or 6’ - 0’ or 8’ - 0’ or 8’ - - none
Sidewalk width (each side) 10’ – 15’ 10’ – 15’ - 5’ – 10’ - 5’ – 10’ - - none
Total ROW width 70’ – 120’ 85’ – 135’ - 60’ – 70’ - 50’ - - 20’
Public Institutions and
Public Facilities Land
Use
• Schools
• Churches
• Community centers
• Public recreation
• Hospitals
Maximum Design Speed 35 mph 35 mph - 25-30 mph - 20 mph 20 mph - 10 mph
Number of through lanes 2 - 4 2 - 4 - 2 - 1 yield flow 3 1 - 2 - 1 yield flow 3
Lane widths 10’ – 11’ 10’ – 11’ 9’ – 11’ 9 -10 ’ 9’ – 11’ 12’ – 16’
Parking lane width (each side) 1 7’ 7’ - 7’ - 7’ 7’ optional 1 side - none
Median width none 15’ – 85’ - none - none none - none
Number of Bike lanes 2 1 - 2 1 - 2 - 1 - 2 - none none - none
Curd & gutter (each side) 1’ – 2’ 2’ – 4’ - 1’ – 2’ - 1’ – 2’ 1’ – 2’ - none
Total finished street width 40’ – 66’ 55’ – 109’ - 34’ – 44’ - 24’ 20’ - 12’ – 16’
Planting strip width (each side) 8’ - 15’ 8’ – 12’ - 8’ - 8’ 5’ - none
Sidewalk width (each side) 5’ – 10’ 5’ – 10’ - 5’ –10’ - 5’ 5’ - none
Total ROW width 70’ – 120’ 85’ – 135’ 60’ – 70’ 50’ 40’ 20’
FAIRHOPE SUBDIVISION REGULATIONS A-2
Land Use and Street
Characteristics Arterial Streets Collector Streets Local Streets
Boulevard / Avenue* Parkway / Avenue* Highway Street –60/70 Road – 50/70 Street - 50 Street - 40 Road-40 Lane
Residential Land Use
• Single-family
• Two-family
• Multi-family
Maximum Design Speed 35 mph 35 mph - 25 – 30 mph - 20 mph - - 10 mph
Number of through lanes 2 - 4 2 - 4 - 2 - 1 yield flow 3 - - 1 yield flow 3
Lane widths 10’- 11’ 10’ – 11’ 9’ – 11’ 9 -11 ’ - 12’ – 16’
Parking lane width (each side) 1 7’ optional 7’ optional - 7’ - 7’ - - none
Median width none 15’ – 85’ - none - none - - none
Number of Bike lanes 2 1 - 2 1 - 2 - 1 - 2 - none - - none
Curd & gutter (each side) 1’ – 2’ 2’ – 4’ - 1’ – 2’ - 1’ – 2’ - - none
Total finished street width 30’ – 66’ 45’ – 109’ - 34’ - 44’ - 18-24’ - - 12’ – 16’
Planting strip width (each side) 8’ – 15’ 8’ – 12’ - 8’ - 8’ - - none
Sidewalk width (each side) 5’ – 10’ 5’ – 10’ - 5’ - 5’ - - none
Total ROW Width 70’ – 120’ 85’ – 135’ - 60’ – 70’ - 50’ - - 20’
Rural Land Use
• Rural subdivision
• Agricultural
Maximum Design Speed - - 35 – 55 mph - 30 – 35 mph - - 20 - 25 mph -
Number of through lanes - - 2 - 4 - 2 - - 2 -
Lane width - - 10’ – 13’ - 10’ – 12’ - - 9’ – 11’ -
Parking lane width (each side) 1 - - none - none - - none -
Median width - - 0’ – 85’ - none - - none -
Number of Bike lanes 2 - - none - optional - - none -
Curd & gutter - - 5’ shoulder - 3’- 5’ shoulder - - 6” - 3’ shoulder -
Total finished street width - - 30’ – 115’ - 30’ – 40’ - - 20’ – 28’ -
Planting strip width (each side) - - none - none - - none -
Sidewalk width (each side) - - none - none - - none -
Total ROW width - - 70’ – 135’ - 50’ – 70’ - - 40’ -
* An Avenue is a local street but it may be designed using Parkway or Boulevard Standards. It functions linearly as a local street, with a short distance providing little continuity. However, it shall have the design characteristics of a Boulevard or Parkway, and
support access to non-residential uses when the adjacent arterial streets on which those uses are located are unable to perform this function (with regards to vehicle access, pedestrian access, or on-street parking) completely.
1 Parking lanes shall be 7’ wide for parallel parking and 18’ for angled parking at a 60 angle. Where parking lanes are listed as optional, they may either be dedicated parking lanes, restricted parking lanes which provide through traff ic at times and locations where parking is not prohibited
in the City’s discretion, or not provided. When optional parking lanes are not provided, additional ROW width shall be used for either expanded planting strips, sidewalks, or bike lanes.
2 Shared-use or non-striped bike lanes require a 14’ shared-use lane measured from the road edge exclusive of the curb and gutter pan; dedicated or striped bike lanes require an 11’ vehicle lane plus a 5’ striped bike lane including the 1’ to 2’ curb and gutter pan.
3 Yield flow lanes are lanes where traffic may pass each direction but two -way traffic is impossible when parked vehicles are present, requiring vehicles to yield to oncoming traffic.
Appendix B
Photographic Illustrations
FAIRHOPE SUBDIVISION REGULATIONS B-1
APPENDIX B
PHOTOGRAPHIC ILLUSTRATIONS
________________________________________________________________________
The following photographs illustrate, with built examples, the concepts that are to be
implemented through the Fairhope Subdivision Regulations. They, along with the explanatory
text and section references to the Fairhope Subdivision Regulations, are intended solely as a
guide to provide users of the Subdivision Regulations a point of reference from which to begin
subdivision design. The photographs and explanatory text shall not create any standards, rights,
or duties on behalf of the subdivision applicants or the City. Any conflict or ambiguity between
the images and text in this Appendix and the text, tables, or graphics in the regulations, shall be
resolved in favor of the text, tables, or graphics in the regulations.
Greenspace - Townhouses
fronting on public greenspace.
Section V.C.4.
Greenspace – Single-family
homes fronting on public
greenspace.
Section V.C.4.
Appendix B
Photographic Illustrations
FAIRHOPE SUBDIVISION REGULATIONS B-2
Street function / street design -
Arterial street with residential
uses fronting on the street. The
adjacent land use dictates the
design of the street, but it still
functions as an arterial street.
Section V.D.2.; Table 5.2
Street function / street design -
Arterial street with residential
uses; two end-of-block lots and
the homes fronting on the street.
Section V.D.2.; Table 5.2;
Table 5.3.
Street function / street design -
Village center on arterial street
with angled parking on one side
and parallel parking on the
other side.
Section V.D.2.; Table 5.2;
Commentary
Appendix B
Photographic Illustrations
FAIRHOPE SUBDIVISION REGULATIONS B-3
Street function / street design
Village center at the
intersection of two arterial
streets, using angled and
parallel parking and “bulb-outs”
for pedestrian crossing.
Section V.D.2.; Table 5.2;
Commentary
Street function / street design
Arterial street supporting
commercial uses with angled
parking on each side.
Section V.D.2.;Table 5.2;
Commentary
Street layout / street design -
Parkway median with
intersections at block intervals.
Section V.D.3.; Section
V.D.5.a.; Table 5.3
Appendix B
Photographic Illustrations
FAIRHOPE SUBDIVISION REGULATIONS B-4
Block design - School located
on larger block in residential
neighborhood.
Section V.D.4.
Block design - Local street
connected to the grid but
terminating at a larger block
used for a park.
Section V.D.4.
Block design - School located
on larger block in residential
neighborhood.
Section V.D.4.
Appendix B
Photographic Illustrations
FAIRHOPE SUBDIVISION REGULATIONS B-5
Street design - Arterial street
residential uses fronting on the
street; parkway median in
street.
Section V.D.2.; Table 5.2;
Table 5.3
Street design / traffic calming -
Residential use at the
intersection of two arterial
streets; roundabout intersection
with public art.
Section V.D.2.; Section
V.D.5.c.; Table 5.2; Table 5.3
Street design - Local street with
1 yield flow lane and on-street
parking on each side.
Section V.D.5.; Table 5.3
Appendix B
Photographic Illustrations
FAIRHOPE SUBDIVISION REGULATIONS B-6
Street design - Parkway median
with residential uses fronting on
parkway.
Section V.D.5.a.;Table 5.3
Street Transition (part 1) -
Village center at the
intersection of two arterial
streets with angled and parallel
on-street parking.
Section V.D.5.; Section V.D.6.;
Table 5.3; Commentary
Street Transition (part 2) – the
same arterial street two hundred
feet further up the street
supporting an institutional land
use. Angled parking has
transitioned to parallel parking
allowing a more narrow street
and the addition of a planting
strip and an expanded sidewalk
in front of the church.
Section V.D.5.; Section V.D.6.;
Table 5.3; Commentary
Appendix B
Photographic Illustrations
FAIRHOPE SUBDIVISION REGULATIONS B-7
Street transition (part 3) – the
same arterial street two hundred
feet further up the street
supporting residential land use.
Expanded sidewalks and
parking lanes have transitioned
to expanded planting strips.
Section V.D.5.; Section V.D.6.;
Table 5.3; Commentary
Street design - Arterial streets
with residential uses; expanded
planting strip and sidewalk, and
homes fronting on the street.
Section V.D.5.; Section V.D.6.;
Table 5-3; Commentary
Street design - Residential lane
to the rear of property for
vehicle access.
Section V.D.5.a.; Table 5.3
Appendix B
Photographic Illustrations
FAIRHOPE SUBDIVISION REGULATIONS B-8
Street trees - Street trees in
planting strip in residential
neighborhood.
Section V.D.5.a.
Street trees - Street trees in
residential neighborhood.
Section V.D.5.a.; Table 5-3
Street trees - Street trees in
commercial area.
Section V.D.5.a.; Table 5-3
Appendix B
Photographic Illustrations
FAIRHOPE SUBDIVISION REGULATIONS B-9
Street trees - Street trees in tree
wells in village center.
Section V.D.5.a.; Table 5.3
Intersections - Local street
intersection with more than two
local streets using 45-degree
angle intersection.
Section V.D.5.b.
Appendix B
Photographic Illustrations
FAIRHOPE SUBDIVISION REGULATIONS B-10
Intersections - Local street
intersection with more than two
local streets using median
island and a series of 90-degree
angle intersections.
Section V.D.5.b.
Curb radii - Shorter curb radii
at the intersection of local
streets.
Section V.D.5.b.
Curb radii - Shorter curb radii
at the intersection of arterial
streets.
Section V.D.5.b.
Appendix B
Photographic Illustrations
FAIRHOPE SUBDIVISION REGULATIONS B-11
Traffic calming - Local street
intersection with traffic circle.
Section V.D.5.c.
Traffic calming - Local street
intersection with traffic circle.
Section V.D.5.c.
Traffic calming - Arterial street
with center median.
Section V.D.5.c.
Appendix B
Photographic Illustrations
FAIRHOPE SUBDIVISION REGULATIONS B-12
Traffic calming - Local street
with center median.
Section V.D.5.c.
Traffic calming – Speed hump
on collector street with
residential uses fronting on
street.
Section V.D.5.c.
Traffic calming – Curb
projection or bulb-outs creating
space for on-street parking and
narrowing the street at
pedestrian crossing.
Section V.D.5.c.
Appendix B
Photographic Illustrations
FAIRHOPE SUBDIVISION REGULATIONS B-13
Traffic calming – Curb
projection or “bump-out” with
landscape elements at the
intersection of two arterial
streets, separating angled
parking from the intersection
and decreasing pedestrian
crossing distance.
Section V.D.5.c.
Lot access – Curb cuts that
maintain a continuous sidewalk
at the same grade on a
residential block.
Section V.E.3.
Lot access – Curb cuts that
maintain a continuous sidewalk
with a different material than
the street and driveway on a
commercial block.
Section V.E.3.
FAIRHOPE SUBDIVISION REGULATIONS C-1
APPENDIX C
Chapter 19 Code of Ordinances City of Fairhope
FAIRHOPE SUBDIVISION REGULATIONS D-1
APPENDIX D
FAIRHOPE SUBDIVISION REGULATIONS E-1
APPENDIX E
TABLE 4-2 – Typical Runoff Coefficients, “C”
ALDOT Hydraulic Manual
Topography
and
Vegetation
Soil Texture
Open Sandy
Loam
Clay and Silt
Loam
Tight
Clay
Woodland
Flat 0-5% Slope 0.10 0.30 0.40
Rolling 5-10% Slope 0.25 0.35 0.50
Hilly 10-30% Slope 0.30 0.50 0.60
Pasture
Flat 0.10 0.30 0.40
Rolling 0.16 0.36 0.55
Hilly 0.22 0.42 0.60
Cultivated
Flat 0.30 0.50 0.60
Rolling 0.40 0.60 0.70
Hilly 0.52 0.72 0.82
30% of Area 50% of Area 70% of Area
Urban Areas Impervious Impervious Impervious
Flat
0.40
0.55
0.65
Rolling 0.50 0.65 0.80
Soil characteristics should be determined through field investigations or by
consulting the Soil Conservation Service soil surveys.
All watertight roof surfaces 0.75 – 0.95
Asphalt Pavements 0.80 – 0.95
Concrete Pavements 0.70 – 0.90
Gravel or Macadam Pavements 0.35 – 0.70
Impervious Soils (heavy)* 0.40 – 0.65
Impervious Soils with Turf* 0.30 – 0.55
FAIRHOPE SUBDIVISION REGULATIONS E-2
Slightly Pervious Soils* 0.15 – 0.40
Slightly Pervious Soils with Turf* 0.10 – 0.30
Moderately Pervious Soils* 0.05 – 0.20
Moderately Pervious Soils with Turf* 0.00 – 0.10
*For slopes from 1 to 2 percent
Densely built up area where streets, walks and yards are paved and the
remaining area is practically all roof area as in downtown districts.
Areas adjacent to downtown district where streets and
alleys are paved and yards small
0.70
Densely built-up residential district where streets are
paved and houses are close together
0.65
Ordinary residential areas 0.55 – 0.65
Areas having small yards and medium density of
population
0.45 – 0.55
Sparsely built-up areas or those having large yards 0.35 – 0.45
Suburbs having gardens and large lawns and with paved
streets
0.30
Parks, golf courses, etc., covered with sod and having no
pavement
0.20
During selection of the above coefficients, consideration is to be given to future
development.
FAIRHOPE SUBDIVISION REGULATIONS F-1
APPENDIX F
Standard Specifications for Constructing Sanitary Sewer and Water Facilities
FAIRHOPE SUBDIVISION REGULATIONS G-1
Appendix G
Tree Protection Barricade Detail
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Appendix I
Subdivision Certificates
APPENDIX I
SUGGESTED CERTIFICATES FOR FINAL SUBDIVISION PLATS
SURVEYOR'S CERTIFICATE AND DESCRIPTION OF LAND PLATTED
STATE OF ALABAMA
COUNTY OF BALDWIN
I , (name of surveyor) , a registered Engineer-Surveyor of (__name of county__ ), Alabama,
hereby certify that I have surveyed the below described property situated in Baldwin County,
Alabama:
(Insert Legal Description)
And that the plat or map contained hereon is a true and correct map showing the subdivision into
which the property described is divided, giving the length and bearings of the boundaries of each
lot and showing the easements, streets, alleys and public grounds and giving the bearings, length,
width and name of the streets. Said map further shows the relation of the land so platted to the
Government Survey, and that permanent monuments have been placed at points as hereon
shown.
WITNESS my hand this the day of , 20_______.
(Name of Surveyor)
Registration #
OWNERSHIP & DEDICATION
I/We (land owner or developer, address), as proprietor(s), have caused the land embraced in
the within plat to be surveyed, laid out and platted to be known as (Subdivision Name), a part
of (Section Call Out), Baldwin County, Alabama, and that the (Streets, Drives, Alleys,
Easements, etc.) as shown on said plat are hereby dedicated to the use of the public.
Property Owner
Signed and sealed in the presence of:
Witness
____________________________________________________________________________________________________________________
FAIRHOPE SUBDIVISION REGULATIONS I-1
Appendix I
Subdivision Certificates
Commentary (do not place on plat)
When the developer is not the land owner, two or more Dedication Certificates may appear on
the plat in order to allow for the signatures of both the owner and the developer to be fixed to
said Plat.
CERTIFICATE OF APPROVAL BY THE COUNTY ENGINEER
The undersigned, as County Engineer of Baldwin County, Alabama, hereby approved the within
plat for the recording of same in the Probate Office of Baldwin County, Alabama, this the
___________ day of _______________ 20 _______.
County Engineer:
FLOOD STATEMENT
The property shown hereon is in zone “___” as scaled from the Federal Emergency Management
Agency, National Flood Insurance Program, Flood Insurance Rate Map, Community-Panel
Number(s) ______, City of Fairhope, Alabama dated ________.
WETLAND NOTICE
Purchasers are on notice that improvement of property encumbered by wetlands may require
separate permitting by City, County, Federal and/or State authorities under such law and
regulations governing wetlands as may be in effect at the time of permitting.
Airport Overlay District Zone
All lots of this subdivision are located within the Airport Overlay District and shall be subject to
the provisions of Ordinance No. 1138 and Ordinance No. 1140 or to the provisions of any
superseding ordinance or amendment thereto.
CERTIFICATE OF APPROVAL BY (name of utility provider)
The undersigned, as authorized by the (name of electric, water, or sewer utility) hereby approves the
within plat for the recording of same in the Probate Office of Baldwin County, Alabama, this
day of ,20_______ .
(authorized signature)
____________________________________________________________________________________________________________________
FAIRHOPE SUBDIVISION REGULATIONS I-2
Appendix I
Subdivision Certificates
CERTIFICATE OF APPROVAL BY THE
PLANNING COMMISSION OF THE CITY OF FAIRHOPE, ALABAMA
APPROVED by the City of Fairhope Planning Commission. By approval of this subdivision
plat the Planning Commission of the City of Fairhope assumes no responsibility for survey errors
or for defects or deficiencies in the title to the property affected by the plat, and any such
responsibility is hereby affirmatively disclaimed.
___________________________________________
Secretary Date
CERTIFICATE OF APPROVAL BY THE
PLANNING DIRECTOR OF FAIRHOPE, ALABAMA
The undersigned, as authorized by the City of Fairhope Planning Commission, hereby approves
the within re-plat of the recording of the same in the Official of the Judge of Probate of Baldwin
County, Alabama. By approval of this plat the Planning Director of Fairhope assumes no
responsibility for survey errors or for defects or deficiencies in the title to the property affected
by this plat and any such responsibility is hereby affirmatively disclaimed.
Planning Director Date
LICENSED ENGINEER’S
CERTIFICATION OF IMPROVEMENTS
“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
____________________________________________________________________________________________________________________
FAIRHOPE SUBDIVISION REGULATIONS I-3
Appendix I
Subdivision Certificates
____________________
Name of Project to which the Certificate Applies
Plans which are certified consist of Page _____ thru _____, each of
which bears by seal and signature.”
CERTIFICATE OF APPROVAL BY E-911 GIS/ADDRESSING:
The undersigned, as authorized by Baldwin County E-911 Board, hereby approves the road
names as depicted on the map within plat and hereby approves the within plat for the recording
of same in the Probate Office of Baldwin County, Alabama, this ______ day of _________, of
20_______.
____________________________________________
Authorized Representative
____________________________________________________________________________________________________________________
FAIRHOPE SUBDIVISION REGULATIONS I-4
Appendix J
Amendments
Resolution
Number/Case
Number
Amendment
Date
Amendment Description
SD 00.54 12/12/2000 Sidewalk width requirements
SD 01.31 8/9/2001 Condominium requirements
SD 02.24 6/3/2002 Drainage requirements
SD 02.54 12/2/2002 Addition of Appendix F – Standard Specifications for Constructing
Sanitary Sewer and Water Facilities
SD 03.07 1/6/2003 Sidewalks
SD 03.08 1/6/2003 Underground Power
SD 03.36 6/2/2003 Requirement for stub outs to be paved to the property line
SD 03.49 9/2/2003 Amendment regarding Jurisdictional Area, water service, and
sewer service
SD 04.11 2/2/2004 Amendment for HOA to maintain stormwater facilities
SD 04.12 2/2/2004 Wetland Amendment to fill wetlands
SD 04.13 2/2/2004 Amendment to create 6 month waiting period for denied
Preliminary Plats
SD 05.22 4/4/2005 Amendment to not allow stormwater pumps
SD 05.21 4/4/2005 Requirement of street trees every 75’, no closer than 10’
SD 05.23 4/4/2005 Streetlights paid/installed by Developers at time of construction
SD 05.35 5/2/2005 Sanitary Sewer Design Criteria
SD 05.81 12/5/2005 Flow Modeling Requirements in New Subdivisions
SRA 07.02 6/4/2007 Article IV, adding Section G - Multiple Occupancy Projects
SD 10.02 6/7/2010 Creation of provisions for the Tourism Resort District
SD 11.08 11/7/2011 Article II, Definitions, to add Flood Control Structures
SD 13.14 11/4/2013 Article V, Section E, 2, b. Lot Sizes Without Zoning
SD 14.04 5/5/2014 Article V, D. 6, Pedestrian Design Standards
SD 15.02 1/5/2015 Article V, Section D. 6. Pedestrian Design Standards
SD 15.03 1/5/2015 Article V, Section F.7. Detention and Retention Facilities
SD 15.17 7/6/2015 Establish Low Impact Development (LID) Regulations
2017-02 12/4/2017 Article VI, Section F.C. and H.2. Revision of Construction
Standards regarding Sanitary Sewer and Water Facilities
2017-03 8/6/2018 Article V, Section F.11. Low Impact Development (LID), removal of
10 LID techniques
2018-01 9/6/2018 Article IV, Section C.4. Planning Commission Decision Procedures
2018-02 9/6/2018 Article V, Section H, MOP Greenspace Requirements
2018-03 9/6/2018 Article IV, Section B. Pre-Application and Sketch Plat
2019-02/SD 19.45 1/6/2020 Article IV, Section H. Multiple Occupancy Projects
2020-01/SD 20.17 7/6/2020 Article IV, Section E Procedure Expectations; Article V, Section C.
Greenspace; Article VI, Section D. Sidewalks; Article VI, Section
E.8. As-Built Drawings; and Article VI, Section L. Requirement to
Complete Improvements
2021-01/SD 21.05 1/4/2021 Article V, Section F.4.i, Wetland Buffer Signage
2021-03/SD 21.15 3/1/2021 Article IV, Section C.1.b.(19) and (20), Digital File Requirements
2021-04/SD 21.52 12/6/2021 Add an Appendix for Suggested Certificates for Final Plats
2022-02/SD 22.07 2/7/2022 Article IV.D.7, 120 days to record Final Plat
2022-03/SD 22.24 7/7/2022 Add Appendix J for Amendments Made
2022-07/SD 22.30 2/6/2023 Reducing Area of Enforcement
2023-01/SD 23.09 3/6/2023 Amendment to Appendix I
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FAIRHOPE SUBDIVISION REGULATIONS J-1
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FAIRHOPE SUBDIVISION REGULATIONS J-2