§ 11-5. Review procedure for all planned developments.

11-5-1  Initial planning. The developer should schedule an initial planning meeting with the Planning Commission. For the initial planning meeting a Sketch Plan of the proposed project should be furnished by the developer. If all land in the project is to remain in one ownership, as defined herein, the following should be discussed with the developer:

(1)

The present uses and character of the area.

(2)

The road and street system, especially peripheral streets and proposed internal circulation patterns as related to requirements by Planned Unit Developments.

(3)

Public and private open areas and parks and trails.

(4)

Public utilities and services or their counterpart such as water, sewer, fire protection, surface drainage, school facilities, if any.

(5)

Types of structures to be built.

(6)

Proposed uses to be developed.

11-5-2  Application procedures for all planned projects. Upon completion of initial discussions, the developer proposing a planned development should complete an application form requesting initial general review and approval of the project by the Planning Commission. The application shall:

(1)

Be made on forms available at the Office of the City Clerk.

(2)

Be accompanied by a filing fee, payable to the City of Atmore, in the amount of $25.00. At the time of filing of each plan pursuant to the final plan, a fee of $5.00 per dwelling unit and $2.00 per 1,000 square feet of non-residential land area is required.

(3)

Be accompanied by a letter of transmittal officially submitting the proposal for development, signed by the developer or his authorized representative. If submitted by other than the current owner of the property, the letter should include or be accompanied by satisfactory evidence of the existence of a purchase or lease agreement or other instrument, so as to ensure that the current owner is in agreement with the development as proposed.

(4)

Eight (8) copies of a scaled general site development plan of the entire proposal showing the following information:

a.

Name of the Planned Unit Development;

b.

Northpoint, Location and Vicinity Map;

c.

Boundary lines of the property, including dimensions;

d.

Name and seal of registered engineer and/or land surveyor;

e.

Location and names of all public streets adjoining or traversing the site. In the event no public street now adjoins the site, sufficient description by metes and bounds to identify the location of the site;

f.

Identification of the name, plat book, and page number of any recorded subdivision comprising all or part of the site; and

g.

Identification and location of any existing easements, water courses, lakes, or other significant natural features upon the site.

(5)

Be submitted to the Office of City Clerk at least 15 days prior to a regularly scheduled Planning Commission Meeting.

11-5-3  Preliminary plan. The developer, after review and discussion of the Sketch Plan, shall prepare and submit a Preliminary Plan for review by the Planning Commission. The purpose of a Preliminary Plan is to provide an opportunity for somewhat detailed showing of the intent of the developer with regard to compliance with the requirements spelled out in this section and to provide an initial hearing on the proposal.

(1)

The Planning Commission shall hold a public hearing on the Preliminary Plan. Notice of such hearing shall be sent by the City Clerk to the applicant and all adjoining land owners by registered or certified mail. Notices shall be sent at least five days prior to the date of the public hearing. The preliminary plans shall include the names and addresses of all persons to whom the public hearing notice shall be sent.

(2)

Maps and written statements setting forth the details of the proposed development shall be included in the Preliminary Plan. The maps must show enough of the area surrounding the proposed development to demonstrate the relationship of the Planned Development to the adjoining uses, both existing and those proposed by the developer. The maps shall be in a general schematic form and contain the following information, and as appropriate, the facilities are to be identified as to whether they are to be public or private:

a.

Maps should include the following information:

1.

The appropriate topography at two foot intervals;

2.

Proposed land uses and the approximate location of existing and proposed buildings and other structures and uses adjacent to the site;

3.

The character and approximate density of the dwellings;

4.

The approximate location of all streets and rights-of-way, and walkways, and parking facilities;

5.

Proposed easements including location, widths and purposes;

6.

Public uses including schools, parks, playgrounds and other open spaces;

7.

Number of parking spaces;

8.

Amount of impervious surface;

9.

Development staging, if appropriate;

10.

Construction Plans for streets, drainage, sanitary sewer and water as required in article IV, section 4-4-7 of these Subdivision Regulations; and

11.

Inscription stating "Not For Final Recording".

b.

The written statements shall contain an explanation of:

1.

The character of the proposed development and the manner in which it has been designed to take advantage of the Planned Development Concept;

2.

Evidence of adequate financial stability to complete the proposed project;

3.

The present ownership of all of the land included within the Planned Development Project;

4.

The method proposed to maintain private common open areas, buildings or other facilities, including copies of all legal documents necessary to accomplish this;

5.

The general indication of the expected schedule of development.

(3)

In the event approval has been conditioned on modifications to the plan, then such Preliminary Plan approval shall not be effective until the developer has filed written consent to the modifications as required.

(4)

If the developer wishes to develop the Planned Development Project in stages, the Final Plan submitted for review and approval may cover only the first stage to be developed, but succeeding stages of the Final Plan must be in substantial conformance to the approved Preliminary Plan, and each development stage of the Final Plan must be submitted for approval to the Planning Commission.

(5)

If a Final Plan covering at least a portion of the area in the approved Preliminary Plan has not been filed within one year, the Preliminary Approval shall expire; the approval may, however, be extended for additional periods not in the excess of six months when such an extension can be justified.

11-5-4  Final plan. The Final Plan provides a specific and particular plan by which development and construction will take place. The Final Plan serves as the plan on which the Planning Commission and local government base a decision.

(1)

In addition to those items specified for the Preliminary Plan, the Final Plan must include:

a.

A map showing:

1.

Streets, rights-of-way and street names;

2.

Lot lines and lot designs;

3.

The landscaping and tree planting plan;

4.

Location of all easements for utilities and drainage facilities; and

5.

Peripheral setback 40 feet.

b.

Areas proposed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites, public buildings and similar public and semi-public uses.

c.

A plot plan for each building site, except single-family lots and the common open area, showing the approximate location of all buildings, structures, and improvements and indicating the open spaces around buildings and structures.

d.

A development schedule indicating:

1.

The approximate date when construction of the project can be expected to begin;

2.

The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;

3.

The approximate dates when the development of each of the stages in the development will be completed; and,

4.

The area and location of common open space that will be provided at each stage.

e.

The following plans and diagrams will be provided when the Planning Commission finds that the Planned Development creates special problems of traffic or parking:

1.

An off-street parking and loading area plan;

2.

A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the Planned Development and to and from existing thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or insure the safety of this circulation pattern must be shown.

(2)

The plan shall be accompanied by written legal documents on behalf of the owner, his heirs, successors and assigns that shall include:

a.

Provisions that the proposed development, as shown on the plans and as set forth in specifications, will be completed in every detail within such time period as may be agreed upon by the Planning Commission.

b.

Provisions that all land improvements intended for the common use of all residents, including drives, walks, parking areas, recreation facilities and equipment and all landscaped or other common open space will be maintained in perpetuity, including such servicing as may be required for the use of such land improvements;

c.

Provisions that no future changes in the development shall be made which would encroach upon the land used to comply with the requirements of this article as to density, open space, yards, courts, vehicular access, automobile parking, building coverage or other outdoor requirements;

d.

Provisions that all easements for private drives, utility lines and similar purposes shall be open at all times for access by publicly employed personnel and equipment for police and fire protection, for inspection of utility systems and for any other public purposes;

e.

Articles of Incorporation and By-Laws for the formation of a Property Owner's Association for the PUD;

f.

A Declaration of Restrictions and Covenants which shall include agreements and provisions to govern the use, maintenance and continued protection of the PUD and all of its common areas.

g.

A written legal opinion from the Applicant/Owner's Attorney stating that the above legal documents comply with applicable Federal and State Laws,

(3)

The final plan shall include endorsements, dedications and certificates as outlined in article IV, section 4-5-3 of these Subdivision Regulations.

(4)

The following shall govern approval of a Final Plan:

a.

The Planning Commission shall compare the Final Plan with the Preliminary Plan and with the standards set forth in this section to assure that the Final Plan conforms to the standards set forth in the section. The Planning Commission may place conditions upon the granting of approval which, in its judgment, will insure conformance to the plan as approved.

b.

The approval of the Final Plan or any stage of it shall be valid for a period of one year following the date of such approval. At its discretion the Planning Commission may extend such approval for additional six month periods.

c.

Factors to be considered by the administrative staff and the Planning Commission in reviewing any Planned Unit Development are that the development is in harmony with the Land Use Plan and with the character of the neighborhood and will provide an overall density and standard of open space as required by these Regulations.

d.

The Final Development Plan or any stage of the Planned Development shall not be approved if the average of the allowable dwelling units per acre, up to and including the stage which is to be approved, exceeds by more than ten percent the average number of dwelling units per acre which is allowable for the entire Planned Development.

e.

Upon final approval and after all conditions have been met, the Commission shall approve the recording of the Final Development Plan in the deed records of the County. When no parcels are to be sold, the developer will process and have recorded the subdivision plat in the manner designated by the Commission.

f.

The determination of substantial conformance between the Preliminary Plan and the Final Plan shall be at the discretion of the Planning Commission. Variation in conformance is intended solely to facilitate the minor adjustments which may be necessary as the plans approach a final construction stage. The Commission may refuse to grant approval of substantial conformance if in their opinion, the adjustments are being used to significantly modify the approved plan.

(4)

The developer, at his option, may place street improvements, sidewalks, utilities and other permanent site improvements after Preliminary Plan approval or stake the location of the buildings and make application for building permits. Under no circumstances, however, will any building permit be issued until final approval has been granted and the necessary portions of the Final Plan recorded. The placing of improvements will not obligate the local government to approve such improvements on the Final Plan if not in conformance with the terms of this Section.

(5)

The Final Plan is the permanent public record of the Planned Development and will be the manner in which the development is constructed as provided herein.