§ 7.2 — General requirements

7.2. - General requirements.

(1) The public hearing officer may grant applicable conveyances of land among immediate family members, but is not mandated to do so. (2) Each lot must have frontage on a public paved street or road and conform to all applicable zoning standards for the district in which they are located. (3) The following documents must be presented to the public hearing officer in order to qualify for consideration as land conveyance among immediate family members. A. A notarized statement certifying to the family relationship of the parties involved in the land conveyance. B. A survey of the subject property indicating the boundary of the entire parcel and the lots to be transferred to other family members certified by a land surveyor licensed to practice in the State of Alabama and licensed with the City of Huntsville. C. A copy of a recorded deed for all necessary rights-of-way and easements as required by the city engineer. (4) A public hearing on family land conveyance shall be held prior to approval of said land conveyance. If the proposed family land conveyance meets all of the provisions of these regulations, the applicant may request that the required public hearing be held by the public hearing officer; otherwise the planning commission shall hold a public hearing prior to granting approval. In either case, the owners of land immediately adjoining the surveyed land shall be notified by registered mail at least five days in advance of the public hearing as to the time and place of such public hearing. Apartment Site Plan Submission Requirements Plans for multiple family housing projects that contain two or more buildings per tract or lot, or that contain only one building with main entrances not oriented to directly face a street, shall be approved by the planning commission as required by the City of Huntsville Zoning Ordinance. The procedure for site plan review and approval by the planning commission shall be as follows: (1) Application procedure. Before obtaining a building permit to construct multiple family housing projects described above, an owner of land or his representative shall file an application for approval of a site plan. The site plan application shall: A. Be made on forms available at the office of the manager of planning. B. Include payment of an application fee of $100.00 plus $5.00 per proposed dwelling unit. C. Be accompanied by a minimum of three copies of the general plan as described in these procedures. D. Be accompanied by one copy of the certified construction plans as described in these procedures. E. Be accompanied by a vicinity map as described in these procedures. F. Be accompanied by three copies of a boundary plat as described in these regulations. G. Be accompanied by the actual closure calculations for the boundary traverse. Such boundary traverse shall close to a minimum accuracy of one part in 5,000. H. Be presented to the manager of planning sufficiently in advance of the meeting of the subdivision committee of the planning commission to allow time for his review. (2) Vicinity map. The vicinity map shall: A. Be drawn on planning department zoning maps scaled 400 feet to the inch. B. Show approximate boundary lines of the proposed project. C. Show location of existing streets and watercourses. D. Show the name of the proposed project. E. Show the names and locations of adjacent owners or developments. (3) General plan. The general plan shall be drawn to a convenient scale of not more than 50 feet to the inch and shall include the following: A. The date of the map, a reference meridian (designated on the map as either true or magnetic north), scale, title of the project. B. Names of the owners of the land to be developed, the developer (if other than the owner), the engineer, architect or landscape architect (if any), and surveyor. C. Tie point to an accepted corner based on the U.S. Government Public Lands Survey System which shall show the relationship to the Huntsville Meridian, all monuments erected, corners and other points established in the field in their proper places. D. Exact boundary lines of the tract indicated by a heavy line, or other acceptable control traverse, giving distances to the nearest hundredth of a foot and bearings to the nearest minute or second. E. Topography at five-foot contour intervals. F. Names of all public streets (if any) and private drives. G. Easements, buffer strips and public utility right-of-way lines giving widths, locations, and dimensions. H. Locations of buildings, giving distances between adjacent buildings, between buildings and adjacent property lines, and between buildings and adjacent drives and parking areas. I. Location and dimensions of internal circulation pattern and parking areas in order to determine adequacy of parking and accessibility to public services. J. Detailed geometrics of any intersections with public streets, including details of any required median cuts and locations of any existing intersections adjacent to or across from the site. K. Location of any internal public facilities, such as central solid waste collection containers or central mail facilities, not including facilities required in construction plans. L. Location of public recreation and activity areas. M. Location and dimensions of all proposed sidewalks in order to determine the adequacy of pedestrian circulation and accessibility to all proposed facilities. N. Location and description of all proposed landscaping. O. Location of any on-site flood hazard districts (including a flood hazard certification). P. A density table providing the following information: total square feet in the site, total square feet devoted to internal drives, total number of dwelling units allowed by the current zoning ordinance, total number of dwelling units proposed, total number of parking places required by the current zoning ordinance and total number of parking places proposed. (4) Construction plans. The following shall be submitted: A. A street plan if any public street is proposed as part of the development. The plan shall conform to the requirements of street plans required for subdivision approval and shall be accompanied by a deed dedicating the proposed right-of-way to the public. B. A grading and erosion and sedimentation control plan. The plan shall conform to the requirements of the grading and erosion and sedimentation control plan required for subdivision approval and shall show existing and finished elevations, including finished floor elevations for all buildings. C. Plans and certifications for drainage, sanitary sewer, water, electricity, gas and telephone systems conforming to requirements for preliminary plat approval for subdivisions. D. Other plans including slope map, site assessment map and report, geotechnical investigation and testing plan and report and vegetation plan as required by applicable regulations of articles 3 and 4 of the subdivision regulations. (5) Boundary plat. The boundary plat shall be drawn to a convenient scale of not more than 100 feet to the inch and shall include the following: A. The names and deed book and page of all adjoining property owners of record or the names of adjoining subdivisions; the names of adjoining streets. B. Notation of any restrictions by plats, including the density table as described in [sub]section (3)P of this chapter. C. Names of all internal and adjacent streets. D. Tie points to an accepted corner based on the U.S. Government Public Lands Survey System which shall show the relationship to the Huntsville Meridian; all monuments erected, all existing monuments, and all proposed monuments, corners and other points to be erected. The material of which the monuments, corners, or other points are or will be made shall be noted at the representation thereof or by legend. E. Exact boundary lines of the tract indicated by a heavy line, or other acceptable control traverse, giving distances to the nearest hundredth of a foot and bearings to the nearest second of arc. Proper field techniques and survey equipment shall be used, along with an acceptable method of balancing the field data, to achieve a positional accuracy of 1/5,000 for all monuments established, corresponding to third order accuracy. F. Street centerlines for all internal and adjacent public streets, showing angles of deflection or bearing, angles of intersection, radii, length of tangents and rights-of-ways from each street centerline. G. Easements, buffer strips and public service utility rights-of-way lines (if any) giving widths, locations, and purposes. H. Names and addresses of the owner(s) of the land included within the apartment site plan, the developer (if other than the owner), the engineer and surveyor. I. The date of the map, a reference meridian (designated on the plat either true or magnetic north), scale, title of the development. J. Endorsements and certificates as follows: (i) A certificate of accuracy by a surveyor licensed to practice in the State of Alabama and licensed with the City of Huntsville, Alabama. (ii) A certificate of title showing ownership of land and a written "Title Opinion" certified to by a licensed attorney that all names shown on the survey include all owners as of the date of signing and that the owners of the property are one and the same as those signing the plat. (iii) A notary's acknowledgment of the certificates referred to in (i) and (ii) above. (iv) A certificate for approval of City Engineer, City of Huntsville. (v) A certificate for approval of Huntsville Utilities. (vi) A certificate for approval of the City of Huntsville Traffic Engineer. (vii) A certificate for approval by the planning commission. (viii) A certificate for recording by the probate judge. (ix) A certificate for approval by the county health officer for developments not served by a sanitary sewer system. (x) Flood certification as exemplified in article [subsection] 3.4(4)F(xi), "Flood Hazard Certification". (xi) The endorsements, dedications, and certificates required in (i) through (xi) hereof shall be substantially as exemplified in section 3.4(2)(F.) of the subdivision regulations, except for (vi) and (ix) which shall be substantially as follows: "The undersigned, as Traffic Engineer of the City of Huntsville or his duly authorized representative, hereby approves the within plat for the recording of same in the Probate Office of _______ County, Alabama, this the _______ day of _______, 20_____. | _____ Name and Title "From the septic tank information submitted to the _______ County Health Department for lots ________ of ________ subdivision, the following recommendations are made: a) Lots _______ meet _______ County Health Department requirements and should operate satisfactorily; b) Lots _______ require further engineering and/or alternative septic system installation; c) Lots _______ were not tested. Each lot or tract shall be investigated further and approved or disapproved on its own merits. The undersigned, a duly authorized representative of the _______ County Health Department, hereby approves the within plat for the recording of same in the Probate Office of _______ County, Alabama, this the _______ day of _______, 20___." | _____ Name and Title (6) Review and approval of site plan. The subdivision committee shall consider the site plan and render a report to the next meeting of the planning commission. After the planning commission has reviewed the site plan, the report of the subdivision committee, and recommendations of involved agencies and officials, it shall approve or disapprove the site plan. Reasons for disapproval of any site plan shall be noted on the plan and returned to the applicant. (7) Copy of site plan to certifying agencies. After the planning commission has approved the site plan, one copy of the approved site plan shall be presented by the applicant or his representative to each of the agencies certifying the construction plans. (8) Deeds for rights-of-way and easements. Prior to approval of the site plan by the planning commission, the owner shall submit the necessary properly executed deeds for all rights-of-way and utility and drainage easements requiring dedication. (9) Effective period of apartment site plan approval. The approval of an apartment site plan shall be effective for a period of three years. (10) Recording of boundary plat. If the boundary plat as approved by the planning commission and signed by the Chairman of the Huntsville Planning Commission is not recorded within six months of the date of approval, the approval shall be deemed to have expired. No building permit shall be issued until the recording of the boundary plat with the judge of probate. APPENDIX Adopted amendments to subdivision regulations since July 1991: Resolution No. | Date | Subject 10-91 | September 24,1991 | Amendment to Article 5.1(2)B., Bonds to Insure Performance Duration of bonds 11-91 | October 29, 1991 | Amendment to Article 5.1(2)C. and D., Bonds to Insure Performance | | Extension of bonds insuring completion of sidewalks 17-91 | January 8, 1992 | Amendment to Article 6.1, Definitions - Minor Subdivision | | Definition of a minor subdivision 3-92 | January 28, 1992 | Amendment to Article 6.1, Definitions - Minor Subdivision by adding (3) | | Definition of a minor subdivision 13-92 | June 23, 1992 | Amendment to Article 4.10 - Utilities | | Underground wiring 14-92 | July 28, 1992 | Amendment to Article 3 and Apartment Site Plan | | Reorganization and compilation of required construction plans 19-92 | July 28, 1992 | Amendment to Article 3.2 - Layout, 3.3(4)H. Construction Plans, Utilities, Except Natural Gas. 4.10 - Utilities | | Common trenching within the Slope Development District 15-92 | September 22, 1992 | Delete references to the planning jurisdiction and county engineer 17-92 | December 22, 1992 | Amendment to Article 7 - Requirements for Land Conveyance Among Immediate Family Members | | Requirement that a public hearing be held prior to a Family Land Conveyance 2-93 | February 23, 1993 | Amendment to Article 4.5 - Roads (5) General Design Standards | | Reduction in minimum right-of-way requirements 19-93 | November 23, 1993 | Amendment to Article 4.5 - (5) General Design Standards | | Reorganization of Table 1 and substitution of "lane widths" for "pavement widths" for major streets 20-93 | November 23, 1993 | Amendment to Article 4.5(10) Traffic Control Devices and Street Name Signs | | Adding standards for said devices and signs 22-93 | December 21, 1993 | Amendment to Article 4.5(8) Road Surfacing and Improvements | | Requirement for curbs and gutters on existing non-curb and gutter streets 23-93 | December 21, 1993 | Amendment to Article 2.2 Words and Terms Defined and Article 4.5(5) Design Standards | | Definition and Standards for a Parkway 24-93 | December 21, 1993 | Amendment to Article 3.3(3) Preliminary Plats Requirements | | Requirements for geodetic control and references 4-94 | August 23, 1994 | Amendment to Article 5.1(2)B., Bonds to Insure Performance | | Allowing the initial posting of bonds for sidewalk improvements to be for a three-year period 5-94 | August 23, 1994 | Amendment to Article 6.3(2)H. Layout Requirements | | Deletion of sidewalk improvements in minor subdivisions unless the subdivision adjoins the portion of a road that is scheduled to have a sidewalk installed according to the Sidewalk Improvement Plan 8-94 | December 20, 1994 | Amendment to Article 3.3(4)B.(vi), 3.3(4)D.(x), 3.3(4)E.(i)j., 3.4(2)F.(v), 5.2(2) | | Certifications for Engineer of Record and Owner | | Delete references to Huntsville Department of Transportation and Director of Department of Transportation and change to Traffic Engineer 8-96 | April 23, 1996 | Amendment to Article 4.5(5) Table 3 | | Requiring cul-de-sac exceeding 800′ in length in Slope Development District to have 50′ right-of-way and 26′ pavement width 8-96 | April 23, 1996 | Amendments to Article 4.5(6)B, C and D. Modification of Minimum Design Standards | | Allowing cul-de-sac length in excess of 1200′ if 25 dwelling units or less gain access from said cul-de-sac 9-96 | April 23, 1996 | Amendment to Article 4.14(2) and (3) Building Restrictions | | Reducing minimum restricted use area setbacks to 25′ on certain features 9-96 | April 23, 1996 | Amendment to Articles 3, 4 and 5 | | Delete references to Mountainside Development District and "Level K" and change to Slope Development District and Hazard Zone 13-96 | November 26, 1996 | Amendment to Articles 3.3(4)G, 3.4(2)F and 6.4(2)R | | Certifications for County Health Departments 3-97 | January 28, 1997 | Amendment to Article 5.1(2)C | | Extension of sidewalk bonds allowable until over 75 percent of lots receive certificates 9-97 | October 28, 1997 | Amendment to Article 3.3(4)G, 3.4(2)F and 6.4(2)R | | Certifications for County Health Dept. 9-97 | October 28, 1997 | Amendment to Article 3.4(2)F(iii) | | Notary acknowledgment of non-corporate ownership certificate 9-97 | October 28, 1997 | Amendment to Article 5.2(2) | | Certificate of satisfactory completion concerning three-year sidewalk bonds 2-98 | April 28, 1998 | Amendment to Article 4.5(5) | | Add standards and requirements for mini-farm residential subdivisions 4-98 | May 26, 1998 | Amendment to Article 3.3(1), 3.3(3), 3.4(1) | | Requiring digital submittals of subdivision plans 8-98 | July 28, 1998 | Amendment to Apartment Site Plan Submittal | | Requiring boundary plat submittal 10-98 | November 24, 1998 | Amendment to Article 5 | | Add certificate of satisfactory completion requirements for private subdivisions