The intent of this section is to provide an opportunity for the best use of land, protection of valuable natural features in the community, provision of larger areas of recreational open space and more economical public services. The purpose of this provision is to encourage the unified development of tracts of land by permitting much more creative and flexible concepts in site planning than would otherwise be possible.

8.11

Acreage Required. Plans may be submitted for any parcel of land of three (3) acres or more in single ownership.

8.12

Ownership. In complying with the foregoing, single ownership shall be construed to include the following:

8.121

A person, partnership or corporation.

8.122

An association of property owners, legally bound to one another, to carry out the provisions of this section for development and operation of a Planned Unit Development, likewise legally bound to execute the agreements as provided hereinafter.

8.123

The owners' association of a condominium project, established under the provisions of Alabama law, which has the power to execute the agreements as provided for hereinafter.

(Ord. No. 05-2007, § 3(8.1), 10-22-2007)

8.21

Site Plan Requirements. A detailed site plan of the proposed Planned Unit Development shall be submitted to the Atmore Planning Commission for review.

8.211

The detailed site plan shall contain maps and written statements including, as a minimum, the following:

a.

Maps should include the following information:

1.

The approximate 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 all buildings and dwellings;

4.

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

5.

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

6.

Number of parking spaces;

7.

Amount of impervious surface;

8.

Generalized drainage plan;

9.

Development staging, if appropriate.

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.

The proposed sewage disposal facilities;

3.

Water supply and surface drainage provisions;

4.

Evidence of adequate financial stability to complete the proposed project;

5.

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

6.

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

7.

A schedule of development.

8.22

Public Hearing. The Planning Commission shall hold a public hearing prior to granting preliminary approval to proceed with the Planned Unit Development.

8.23

Plan Changes. Construction of the Planned Unit Development shall be in conformance with the approved site plan. Any deviation from the approved site plan must be reviewed and approved by the Planning and Zoning Commission which has the authority to require reasonable plan changes as a prerequisite to approval.

(Ord. No. 05-2007, § 3(8.2), 10-22-2007)

8.31

Residential Lot Size. No minimum lot sizes are required so that housing can be clustered or otherwise concentrated or arranged in planned locations on the site to take advantage of its natural features.

8.32

Property Owners Association. As part of the plan proposed for any Planned Unit Development, the developer shall submit a set of covenants and other legal documents operating under recorded land agreements, through which each property owner in the Planned Unit Development is automatically subject to a charge for an appropriate proportionate share of the expenses for maintaining the common property, open space and/or other activities of the Association. Once established the covenants shall continue and remain in force during the entire existence of the Planned Unit Development.

8.33

Responsibility for Open Space. Nothing in this section of the Ordinance shall be construed as a responsibility of the City of Atmore, either for maintenance or liability of the following, which shall include but not be limited to: any private open areas, parks, recreational facilities, and a hold harmless clause shall be incorporated in the covenants running with the land to this effect. It shall be provided further, however, that when an owner of a Planned Unit Development desires to dedicate certain land areas to the City for public parks and recreational facilities, and the City approves the nature and location of such lands, and accepts the dedicated areas; then the City shall be responsible for the operation and maintenance of these lands and properties.

8.34

Appearance of Public Utility Facilities. Public utility facilities and structures shall be architecturally compatible, or shall be properly screened and landscaped in keeping with the character and appearance of the neighborhood, all as approved by the Atmore Planning Commission.

(Ord. No. 05-2007, § 3(8.3), 10-22-2007)

No amendment or modification of this zoning ordinance shall be effective as to any PUD approval issued prior to such amendment or modification, it being intended that the PUD shall continue to be developed in accordance with the zoning ordinance in effect at the time of such prior approval.

(Ord. No. 05-2007, § 3(8.4), 10-22-2007)