Code of Alabama

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11-24-1
Section 11-24-1 Definitions; regulation of lots, streets, drainage, utilities, etc.; developer
to reimburse utility for uneconomical placement. (a) When used in this chapter, the following
words shall have the following meanings: (1) COUNTY. A political subdivision of the state
created by statute to aid in the administration of government. (2) COUNTY COMMISSION. The
chief administrative or legislative body of the county. (3) STREETS. Streets, avenues, boulevards,
roads, lanes, alleys, viaducts, and other roads. (4) SUBDIVISION. The development and division
of a lot, tract, or parcel of land into two or more lots, plats, sites, or otherwise for the
purpose of establishing or creating a subdivision through the sale, lease, or building development.
Development includes, but is not limited to, the design work of lot layout, the construction
of drainage structures, the construction of buildings or public use areas, the planning and
construction of public streets and public roads, and the...
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11-24-3
Section 11-24-3 Fines; injunctions; inspections; enforcement of chapter. (a) Any owner or developer
failing to comply with the permitting requirement or otherwise violating this chapter or any
rule or regulation made pursuant to this chapter shall be fined one thousand dollars ($1,000)
per lot that has been sold, offered for sale, transferred, or leased to the public. (b) In
the event that the developer or owner fails to comply with this chapter, the county commission
shall have the right to enjoin action of the developer or owner by a civil action for the
injunction brought in any court of competent jurisdiction or, in the event that work on the
subdivision has been completed, to bring action to compel the developer or owner to comply
with this chapter. In addition to injunction, the county commission may recover the penalty
as provided by this section in any court of competent jurisdiction. (c) The county commission
may employ inspectors and may request the county license inspector...
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11-52-31
Section 11-52-31 Adoption, publication, and certification of subdivision regulations; contents
of regulations; bond. (a) Except where the county commission is responsible for the regulation
of subdivision regulations within the territorial jurisdiction of a municipal planning commission
pursuant to Section 11-52-30, the municipal planning commission shall adopt subdivision regulations
governing the subdivision of land within its jurisdiction. The regulations may provide for
the proper arrangement of streets in relation to other existing or planned streets and to
the master plan, for adequate and convenient open spaces for traffic, utilities, access of
fire-fighting apparatus, recreation, light and air and for the avoidance of congestion of
population, including minimum width and area of lots. The regulations may include provisions
as to the extent to which streets and other ways shall be graded and improved and to which
water and sewer and other utility mains, piping, or other...
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11-52-30
Section 11-52-30 Territorial jurisdiction; approval of maps or plats; regulations; limits on
exercise of powers. (a) Except as otherwise provided herein, the territorial jurisdiction
of any municipal planning commission shall include all land located in the municipality and
all land lying within five miles of the corporate limits of the municipality and not located
in any other municipality; except that, in the case of any nonmunicipal land lying within
five miles of more than one municipality having a municipal planning commission, the jurisdiction
of each municipal planning commission shall terminate at a boundary line equidistant from
the respective corporate limits of such municipalities. Any alterations of a municipal planning
commission based upon annexation or deannexation of property within the corporate limits of
a municipality shall occur once a year on the first day of January and shall take effect for
any annexations which were finalized on or before the preceding first day...
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37-11A-1
by the Governor, or upon its otherwise becoming a law, and when the State of Mississippi ratifies
the compact. Article III. For purposes of this compact, the following terms shall have the
following meanings: (1) Person means an individual, a corporation, a partnership, or any other
entity. (2) Railroad means a common carrier by railroad as defined in Section 1(3) of Part
I of the Interstate Commerce Act [codified as 49 U.S.C. ยง1(3)]. (3) Railroad properties and
facilities mean any real or personal property or interest in property which is owned,
leased, or otherwise controlled by a railroad or other person, including, without limitation,
the authority, and which are used or are useful in rail transportation service, including,
without limiting the generality of the foregoing: a. Track, roadbed, and related structures,
including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles,
culverts, elevated structures, stations, office buildings used for operating...
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11-24-2
Section 11-24-2 Submission, review, and approval of plats; permit. (a) It shall be the duty
of the owner and developer of each subdivision to have all construction completed in conformity
with this chapter and, prior to beginning any construction or development, to submit the proposed
plat to the county commission for approval and obtain a permit to develop as required in this
section. The permit to develop shall be obtained before the actual sale, offering for sale,
transfer, or lease of any lots from the subdivision or addition to the public, it must include
a plan to deliver utilities including water, and shall only be issued upon approval of the
proposed plat by the county commission. As a condition for the issuance of a permit, the county
commission may require any of the following for approval of the proposed plat: (1) The filing
and posting of a reasonable surety bond with the county commission by the developers of the
proposed subdivisions or proposed additions to guarantee the...
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11-19-12
Section 11-19-12 Subdivision regulations - Scope and contents. In exercising the powers granted
to it by this chapter, the county planning commission shall prepare and recommend to the county
commission for adoption regulations governing the subdivision of land within the flood-prone
area of the county. Such regulations may provide for the harmonious development of the flood-prone
area of the county; for the coordination of streets within subdivisions with other existing
or planned streets; for the size of blocks and lots; for the dedication or reservation of
land for streets, school sites, and recreation areas and of easements for utilities and other
public services and facilities; and, for a distribution of population and traffic which will
tend to create conditions favorable to health, safety, convenience, prosperity, or general
welfare. Such regulations may include requirements as to the extent to which and the manner
in which streets shall be graded, surfaced, and improved, and...
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45-29-90.11
Section 45-29-90.11 Regulation of zoning, planning, and construction. For the purpose of promoting
the health, safety, morals, convenience, environment order, prosperity, and general welfare,
all power and authority regarding zoning and planning within the management area is hereby
vested in the board of directors of the authority. As described herein, no regulated activity
shall commence without the applicant having first obtained a land use certificate as issued
by the authority. (1) The board is authorized to regulate the planning, zoning, and construction
within the management area of all activity involving public streets, public roads, subdivisions,
drainage structures in subdivisions, mobile home parks, residential and commercial developments,
apartments, recreation parks, coal mining, gas/oil and methane exploration and development,
excavation, and logging. The board is hereby authorized to adopt and enforce such ordinances
as shall be necessary to implement any development...
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11-3A-2
Section 11-3A-2 Powers for public welfare, health, and safety; authorization; scope. (a) Except
where otherwise specifically prohibited or provided for either heretofore or hereafter by
general law or the constitution of this state and subject to the procedures and limitations
set out in this chapter, the county commission of a county may provide for its property and
affairs; and for the public welfare, health, and safety of the citizens throughout the unincorporated
areas of the county by exercising certain powers for the protection of the county and public
property under its control. The powers granted herein to provide for the public welfare, health,
and safety of its citizens shall only include the following: (1) Abatement of weeds as a public
nuisance as defined in Section 11-67-60. (2) Subject to the provisions of Section 6-5-127,
control of animals and animal nuisances. (3) Control of litter as defined in subsection (b)
of Section 13A-7-29, or rubbish as defined in subdivision...
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11-32-7
and trust indentures, or either. (17) Exercise the power of eminent domain, except as limited
by state law, except the authority may not acquire, without the consent of the owner, any
transportation system from which public transportation service is currently being furnished.
The authority may not by eminent domain acquire any real property or rights owned or held
by public or private railroads or utilities. (18) Expend funds for the purchase or lease of
materials, equipment, supplies, or other personal property without compliance with
Chapter 16 of Title 41. (19) Appoint, employ, contract with, and provide for the compensation
of, officers, employees, and agents, including, but without limitation to, engineers, attorneys,
management consultants, fiscal advisers, or other consultants without regard to Chapter 16
of Title 41, or any law establishing a civil service or merit system that might otherwise
be applicable, as the business of the authority may deem necessary or desirable, and...
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