HB74 Alabama 2012 Session

Under existing law, the municipal planning commission of a municipality has responsibility for the development of subdivisions in the extraterritorial jurisdiction of the municipal planning commission

This bill would provide that the county commission under certain conditions would have jurisdiction over subdivisions in the extraterritorial jurisdiction of the municipality if the county has adopted subdivision regulations unless an agreement is executed between the county, the municipal planning commission, and the municipality authorizing the municipal planning commission to be responsible for subdivision development or unless the municipality and the municipal planning commission specifically vote to override the county's exercise of jurisdiction and the municipal planning commission meets certain statutorily established criteria for regulating and enforcing subdivision regulations in unincorporated areas

This bill would also amend current law requiring the county engineer to approve all plats and maps before filing with the judge of probate to provide that, when the municipal planning commission is responsible for the development of subdivisions, the county engineer would certify the plats and maps for filing after approval by the municipal planning commission

To amend Sections 11-52-1, 11-52-30, 11-52-31, 11-52-32, and 11-52-33, Code of Alabama 1975, to provide for the county commission to be responsible for the development of subdivisions in the extraterritorial jurisdiction of a municipal planning commission if the county has adopted subdivision regulations unless an agreement is executed between the county, the municipal planning commission, and the municipality to provide for the municipal planning commission to be responsible for subdivision development or unless the municipality and the municipal planning commission under certain conditions specifically vote to override the county's exercise of jurisdiction; to provide that when the municipal planning commission is responsible for the development of subdivisions, the county engineer would certify the plats and maps for filing once approved by the municipal planning commission; and to repeal Sections 11-24-5 and 11-52-36, Code of Alabama 1975.