§ 5-8. Drainage and inundation.

(1)

A Drainage Plan shall be made for such subdivision by the owner's engineer, which plan shall take into consideration the ultimate or saturated development of the tributary area in which the proposed subdivision is located. Adequate provisions shall be made to provide drainage easements needed within the subdivision, taking into consideration the saturated development of the tributary area.

(2)

The storm and sanitary sewer plans shall be worked out prior to the development of the other utility plans. Engineering considerations shall give preferential treatment to these gravity flow improvements, as opposed to other utilities and improvements. Off-premise drainage easements and improvements shall be required to handle the runoff of the subdivisions into a natural drainage channel. But under no conditions shall storm drainage be emptied into the sanitary sewer system—or vice versa. An agreement holding the City of Atmore harmless for any damages, such as off-site erosion shall be provided by the owner to the City prior to final approval being granted.

(3)

The Planning Commission shall not approve the subdivision of land if, from adequate investigations conducted by all public agencies concerned, it has been determined that in the best interest of the public, the site is not suitable for platting and development purposes of the kind proposed.

(4)

Land within any designated floodway shall not be platted for residential occupancy or building sites unless it meets the requirements of the National Flood Insurance Program. Fill may not be used to raise land within the floodway. Other land subject to flood may be platted for use only if filled to such height as will secure a flood-free building site, provided such fill does not endanger life or property, restrict the flow of floodwaters, or result in increased flood heights; and further provided that any fill shall extend 25 feet beyond the limits of any structure erected thereon, except where 25 feet is not feasible, a variance may be granted for a lesser distance, or the Planning Commission may approve a plan for fill which is designed to protect against erosion.

Fill shall consist of soil or rock materials only and shall be thoroughly compacted to prevent excessive settlement and shall be protected from erosion. Fill slopes shall be no steeper than one (1) foot vertical to two feet horizontal unless steeper slopes are justified and approved by the Planning Commission. Fill shall be used only to the extent that it does not adversely affect adjacent properties.

The Planning Commission may require whatever additional engineering information it deems necessary to make a decision on subdivisions and other development which contains an area of questionable drainage. Lakes, ponds, and similar areas may be accepted for maintenance if sufficient land is dedicated as a public recreation area, or if such area constitutes a necessary part of the drainage control system. Such park land will be subject to approval by the City Council.