Whenever the subdivision of a tract of land within the jurisdiction of the Brewton Planning Commission is proposed, the subdivider should consult early and informally with the commission and the county health department to ensure compliance with the required regulations. No fee shall be charged for the pre-application review and no formal application shall be required. However, no plat of the subdivision of any land within the jurisdiction of the Brewton Planning Commission shall be filed in the office of the Escambia County Registrar of Deeds in the Probate Records of Escambia County unless the following have been met:

13.11 A preliminary plat prepared by a registered land surveyor or civil engineer shall have been approved by the planning commission as specified herein.

13.12 The required improvements shall have been satisfactory installed and completed by the subdivider or a bond has been posted to secure the same.

13.13 A final plat prepared by a registered land surveyor or civil engineer shall have been approved by the planning commission as specified herein.

Prior to making any improvements the subdivider shall submit to the commission a preliminary plat of the proposed subdivision for its review in accordance with the following procedure:

13.21 Subdivider's Responsibility. The subdivider shall:

(1)

File the required application on official city forms;

(2)

Submit four (4) copies of the preliminary plat; and

(3)

Pay a filing fee of fifty dollars ($50.00) plus five dollars ($5.00) per lot which shall be used to partially defray the cost of mailing notices, evaluating the proposed subdivision and holding a hearing.

These three (3) items shall be received in the office of the city clerk not less than fifteen (15) days prior to a regularly scheduled meeting of the Brewton Planning Commission at which meeting the subdivision plat is to be formally submitted for review.

13.22 Plat Content. The preliminary plat shall contain the following information:

(1)

Name and address of owner of record and subdivider and name and registration number of surveyor.

(2)

Proposed name of subdivision and its acreage.

(3)

North Point, graphic scale and date.

(4)

Vicinity map showing location and acreage of the subdivision.

(5)

Exact boundary lines of the tract by bearing and distance.

(6)

Names and addresses of owners of record of adjoining land with their approximate acreage.

(7)

Existing streets, utilities and easements on and adjacent to the tract, including the size and width of each.

(8)

Proposed subdivision layout using contours of vertical intervals of not more than five (5) feet and including streets, alleys and easements with both dimensions and proposed street names; lot lines; land to be reserved or dedicated for public uses; and, any land to be used for purposes other than single-family dwellings.

(9)

Block letters and lot numbers.

(10)

Indication of zoning district boundaries if such exist. Otherwise indicate the proposed use of all land within the subdivision as well as any restrictions on the lots.

(11)

Preliminary sketch plans of proposed utility layouts (sewer, water, gas and electricity) including pipe sizes and the location of valves and fire hydrants, and showing feasible connections where possible to existing and proposed utility systems.

(12)

Preliminary sketch plan of all drainage facilities.

(13)

Minimum building front yard setback lines.

(14)

Typical street cross-sections and centerline profiles.

(15)

Location of streams, lakes, and swamps and land subject to flooding as determined from past history of flooding, and as delineated by the U.S.G.S. or U.S. Corps of Engineers.

(16)

Location of land dedicated for a neighborhood park or open space area for subdivisions exceeding fifty (50) lots.

(17)

Soils in the area to be subdivided at a scale equal to that of the preliminary plat.

(18)

Any other information that may be considered necessary by the committee for full and proper consideration of the proposed subdivision.

(19)

Inscription stating "NOT FOR FINAL RECORDING."

13.23 Commission Action. The commission shall proceed with the subdivision plat review as follows:

13.231 Plat study. During the fifteen (15) days prior to the next regularly scheduled meeting, the commission shall transmit one (1) copy of the preliminary plat to the board of health, one (1) copy to the city engineer, and one (1) copy to the commission consultant. These shall submit recommendations to the commission at the initial hearing on the preliminary plat.

13.232 Notice of hearing. The chairman shall see that notice of the time and place of the hearing on said plat is sent by certified mail to the owner of record, the subdivider and the owners of record of abutting land at least five (5) days before said hearing.

13.233 Hearing action. The preliminary plat is considered to be formally and officially submitted at the regularly scheduled meeting of the planning commission at which meeting said plat is to be considered. At this meeting, the commission may:

(1)

Approve the preliminary plat.

(2)

Conditionally approve the preliminary plat. In this case the conditions shall be stated in writing. If necessary the commission may require the subdivider to submit a revised preliminary plat.

(3)

Disapprove the preliminary plat. If disapproved, the reasons for such action shall be stated in writing; and, if possible, recommendations made as to the basis on which the plat would be approved. The subdivider may resubmit the plat at any subsequent regularly scheduled meeting of the commission in accordance with these regulations.

(4)

Delay action on the preliminary plat. The commission may delay action on the plat up to thirty (30) days. However, the commission shall act to approve or disapprove a subdivision plat within thirty (30) days after its formal submission at a regularly scheduled planning commission meeting; otherwise such plat shall be deemed to have been approved, and a certificate to that effect shall be issued by the commission on demand; provided, however, that the applicant for the commission's approval may waive this requirement and consent to an extension of such period.

(5)

In any case, the commission shall notify the subdivider either verbally or in writing of the action taken at the hearing. If any of the requirements of these regulations are modified or waived, they shall be specified and the reasons therefor given.

13.24 Effect of Preliminary Plat Approval. Approval shall be authorization, subject to issuance of the required permit, for the subdivider to proceed with the construction of any improvements and with the grading of streets and the staking of lots. Such approval shall become void after a period of one (1) year unless a final plat has been filed as required in this article.

In lieu of the completion of all improvements prior to submission of the final plat, the subdivider may post a performance bond with the City of Brewton in an amount satisfactory to it, providing for and assuring to the city the actual construction and installation of such improvements within the period of time specified by the commission and stated in the bond.

Preliminary plat approval does not constitute final plat approval nor does it authorize official recording of the plat nor does it constitute or effect an acceptance by the city of any street or other open space shown on the plat.

Within one (1) year of the date of preliminary plat approval, the subdivider shall submit to the commission the final plat for its approval in accordance with the following procedure:

13.31 Subdivider's Responsibility. The subdivider shall:

(1)

File the required application on official city forms;

(2)

Submit four (4) copies of the final plat; and

(3)

Pay a fee of five dollars ($5.00) per lot in the subdivision.

These three (3) items shall be received in the office of the city clerk not less than fifteen (15) days prior to a regularly scheduled meeting of the Brewton Planning Commission at which meeting the subdivision plat is to be formally submitted for review.

13.32 Final Plat Content. The final plat shall conform to the conditions of the tentatively approved preliminary plat. It shall show sufficient detailed data to readily determine and to accurately reproduce on the ground the location, bearing and length of every street line, lot line, boundary line, block line and building line. The plat shall be clearly drawn on any acceptable polyester or cloth tracing sheet (not larger than twenty-four (24) inches by thirty-six (36) inches in size) at a scale of not less than one hundred (100) feet to the inch and shall contain the following information:

(1)

Name and address of owner of record and subdivider and name and registration number of surveyor and/or engineer.

(2)

Name of subdivision, north point, graphic scale and date.

(3)

Vicinity map showing location and acreage of the subdivision.

(4)

Names of owners of record of adjoining land with their appropriate acreage.

(5)

Location of streams, lakes, and swamps and land subject to flood as determined from past history of flooding and as delineated by the U.S.G.S. or U.S. Army Corps of Engineers.

(6)

Bearings and distances to the nearest established street lines or official monuments; section lines accurately tied to the lines of the subdivision by distances and bearings, and bearing and distance to a section corner or to an immediately adjacent plat which is tied to a section corner.

(7)

Municipal and county lines shall be accurately tied to the lines of the subdivision by distance and angles when such lines traverse or are reasonably close to the subdivision.

(8)

Location of land dedicated to a neighborhood park or open space area for subdivisions exceeding fifty (50) lots.

(9)

Exact boundary lines of the tract, determined by a field survey, giving distances to the nearest one-tenth foot and angles to the nearest minute.

(10)

Exact location, widths, and names of all streets and alleys within and immediately adjoining the new subdivision.

(11)

Street right-of-way lines showing angles of deflection, angles of intersection, radii, and lines of tangents.

(12)

Location of all utilities and drainage facilities as well as easements for such facilities.

(13)

Lot lines with dimensions to the nearest one-tenth foot and bearings to the nearest minute.

(14)

Lots numbered numerically and blocks lettered alphabetically.

(15)

Each lot shall have a house number.

(16)

Indication of zoning district boundaries if such exist. Otherwise indicate the proposed use of and restrictions on each lot within the subdivision. These restrictions to be recorded on or with the plat.

(17)

Location, dimensions, and purposes of any easements and any areas to be reserved or dedicated for the public use.

(18)

Accurate location, material, and description of all monuments and markers.

(19)

Minimum building front yard setback lines.

(20)

Certifications showing:

(a)

Notarized proof of ownership of the land.

(b)

Surveyor's attest to the accuracy of the survey.

(c)

Lot restrictions, trusteeships and/or protective covenants.

(d)

Dedication of streets, rights-of-way and other sites.

(e)

Compliance with applicable board of health codes and ordinances.

(f)

Granting of all easements included on the plat.

(g)

Engineer's attest that all improvements have been installed in accordance with the requirements of the subdivision regulations or that a bond in sufficient amount to assure the proper installation of such improvements has been accepted by the City of Brewton.

(h)

Space on the plat for approval of the City of Brewton Planning Commission and authorization for the recording of said plat by the judge of probate.

13.33 Commission Action. The commission shall proceed with the final plat review as follows:

13.331 Final plat study. During the fifteen (15) days prior to the next regularly scheduled meeting, the commission shall transmit one (1) copy of the final plat to the Escambia County Health Department, one (1) copy to the city engineer, and one (1) copy to the commission consultant. These shall submit any recommendations to the commission at its meeting.

13.332 Notice of review. The chairman shall also see that notice of the time and place of the final review on said plat is sent to the owner of record and the subdivider at least five (5) days before said meeting.

13.333 Review action. The final plat is considered to be formally and officially submitted at the regularly scheduled meeting of the planning commission at which meeting said plat is to be considered. At this meeting, the commission may:

(1)

Approve the final plat.

(2)

Disapprove the final plat. Such action may result if the final plat is found to be in conflict with the tentatively approved preliminary plat or with the subdivision regulations. A statement of the reasons for disapproval shall be placed on two (2) copies of the final plat with one (1) copy being returned to the subdivider and one (1) copy being filed in the records of the commission. No certificate of approval shall be given. The subdivider may resubmit the final plat for hearing after the corrections noted by the commission have been made.

(3)

Delay action on the final plat. The commission may delay action on the plat up to thirty (30) days. However, the commission shall act to approve or disapprove the final plat within thirty (30) days after its formal submission at a regularly scheduled planning commission meeting; otherwise such plat shall be deemed to have been approved, and a certificate to that effect shall be issued by the commission on demand; provided, however, that the applicant for the commission's approval may waive this requirement and consent to an extension of such period.

(4)

In any case, the commission shall retain one (1) copy of the final plat in its files and shall return one (1) copy of the final plat to the subdivider with indication in writing of the action taken at the hearing. If any of the requirements of these regulations are modified or waived, they shall be specified and the reasons therefor given.

13.34 Effect of final plat approval. Approval of the final plat by the commission shall authorize the owner, or his agent, to have said plat recorded in the office of the probate judge. The plat must be filed prior to the sale of any lot in the subdivision. Copies of all private covenants, deed restrictions and certifications shall be filed with the final plat.

Once approval has been given and endorsed in writing on the plat by the commission, no changes, erasures, modifications or revisions shall be made on said plat. In the event that any subdivision plat, when recorded, contains any changes, said plat shall be considered null and void, and the commission shall then file the correct plat as approved, noting the reason for such filing. Any erasures made on a plat prior to its signing shall be initialed and dated by the chairman of the commission or other authorized person, at the time of the signing.

Approval of the final plat by the commission shall be null and void if the plat is not recorded within sixty (60) days after the date of approval, unless application to the planning commission for an extension of time is made in writing by the subdivider during said sixty-day period and granted in writing by the commission to the subdivider.

Final plat approval does not constitute or effect an acceptance by the city of any street, open space or other improvement shown on the plat for maintenance.

13.35 Small Subdivisions. If a proposed subdivision contains no more than five (5) lots and does not require dedication of any land to the public or installation of any public improvements, the commission may consider and act upon the final plat at the preliminary plat hearing.