(a)

The provisions of this article shall be required for all residential developments involving the construction of two (2) or more dwelling units including apartments, townhouses, condominiums, business, commercial, industrial, and/or institutional structures; all existing structures which increase the gross floor area by thirty (30) percent or more, except a single family residence; construction of a park, public way, open space, public building or structure; construction of a public utility whether publicly or privately owned; and other uses as required by the planning commission.

(b)

A site plan review for minor expansions of commercial or institutional uses, renovations or changes in use shall be subject to administrative review and approval by the director of community development to determine compliance with the provisions of this Ordinance.

(Ord. No. 2023-43, § 4(A), 1-2-24)

(a)

Pre-application conference: Whenever a major development, one which is five (5) acres or more or as deemed appropriate by the director of community development, is proposed within the corporate limits, the developer should informally consult with the department of community development prior to site plan application to ensure compliance with the required regulations. No fee shall be charged for the review and no formal application shall be required.

(b)

Pre-construction conference: After site plan approval and before the issuance of a site disturbance permit, a pre-construction conference shall be held between the developer, contractors, the representatives from the departments of community development, the city engineer, environmental programs, building inspections; Riviera Utilities, Daphne Utilities, any other applicable public or private utility company, local, state, and/or federal agency. At the pre-construction conference, participants will discuss issues related to permitting, construction safety, general expectations during construction, final inspection protocol, etc.

(Ord. No. 2022-14, § IV(i), 2-21-22)

Any site development which is to be constructed in phases shall require a master plan of the site which shall be submitted to the planning commission for approval prior to submitting a site plan application. The applicant shall submit to the department of community development a written request for review and approval by the planning commission and a copy of said master plan. The master plan shall be of sufficient detail to show the proposed site layout including building locations, parking facilities, ingress/egress, stormwater management, required buffer areas, pedestrian and vehicular networks, utilities, trash refuse areas, and amenity areas. In addition, a phasing plan shall be presented at the pre-construction meeting for review and staff approval.

(Ord. No. 2023-43, § 4(B), 1-2-24)

The following shall apply:

(a)

Water, sewer, gas, electric power, telephone, cable television, and other utility lines shall be installed underground by the developer and/or owner in all new residential, commercial, and industrial developments, expansions, and/or renovations of existing said developments shall be connected to a central distribution system, unless for good reasons other than cost, the planning commission approves a modification or waiver of this requirement in part or in whole, or if a special condition requires otherwise.

(b)

Size of properties reserved or laid out for business, commercial, or industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.

(c)

A site plan review shall be accomplished by the recommendation of the director of community development and approval of the planning commission to assure compliance with the provisions of the Land Use and Development Ordinance in conformity with its purpose as stated in Article I, Purpose, Repeals, Enactment and Short Title, as well as, applicable building and fire codes, latest edition.

(d)

Planning commission approval shall be the first step in the construction permitting process. After approval, the owner or developer shall provide to the department of community development, the appropriate signed application form, a cost estimate for site work certified by the design engineer, the fee for a site disturbance permit as enumerated in Article XXXIV, Schedule of Fees, applicable state and/or federal permits, sand proof of the contractor's Daphne Business license.

(1)

Site plan approval shall become void one (1) year from the date of planning commission approval if no site disturbance permit has been acquired for the project. The site disturbance permit and site plan shall both become void one (1) year from the issuance of the site disturbance permit if no substantial building or construction activity has occurred.

(2)

Prior to expiration, a one-year extension of time may be granted for the approved site plan and the site disturbance permit by the director of community development, upon written request of the applicant stating good reason.

(3)

If no construction activity has occurred after the expiration of the extended time, an additional one-year extension of time may be considered by the planning commission. At no time shall any site plan and related site disturbance permit be granted an extension beyond this time. The site plan and site disturbance permit shall automatically be deemed null and void.

(Ord. No. 2023-43, § 4(C), 1-2-24)

Prior to making any improvements, the developer/owner shall submit to the planning commission a site plan of the project for review in accordance with the following procedure. These items shall be received in the department of community development not less than thirty (30) calendar days prior to a regularly scheduled meeting of the planning commission at which meeting the site plan is to be formally submitted for review.

(a)

Developer's responsibility—The developer shall submit to the department of community development:

(1)

Completed application on prescribed forms signed by the property owner or authorized agent; an agent authorization letter—if applicable; a copy of the recorded warranty deed of the subject property (as proof of ownership); the Owner's Indemnification and Maintenance Agreement Form for Commercial Developments; drainage calculations; Certification of Engineering Design form; applicable state and/or federal permit applications; in accordance with specifications provided in the Site Plan Supplemental Documentation List in the appendix; the site plan; documentation of all applicable utility companies' service availability and willingness to provide services; the filing fee as specifically enumerated in Article XXXIV, Schedule of Fees.

(2)

The developer shall submit a site plan and utility sheets to each utility company for review. Paper and electronic copies shall be provided to the city engineer, bureau of fire prevention, Riviera Utilities, Daphne Utilities and Environmental Programs. The subdivider shall submit a site plan and applicable documents as may be necessary to any and all applicable utility companies, local, state and/or federal agencies for review. Sign details shall be submitted to the code enforcement officer for review.

(a)

Site plan content. The site plan shall contain all information as reflected on the current Site Plan Supplemental Documentation List and the Site Plan Review checklist as provided in the appendix. Either may be modified at the discretion of the director of community development when applicable. However, any modifications to either the checklist or supplemental list shall be requested of the applicant and approved by the director of community development during or as a result of a pre-application conference. Incomplete submissions shall not be accepted by the department of community development.

Site plans shall be designed and certified by a professional design engineer. Landscape plans shall be designed and certified by a registered landscape architect. Site plans shall include the following sheets: boundary survey, existing conditions, tree survey, site plan, geometric plan, utility plan, water and sewer plan, grading and drainage plan, sedimentation and erosion control plan, best management practices plan, applicable construction details and notes as may be applicable, an overall master plan, if applicable, landscape plan and irrigation plan, building elevations, floor plans, and sign details. Site plans shall be designed to meet all applicable provisions of this Ordinance.

(b)

Reserved.

(Ord. No. 2022-14, § IV(ii), 2-21-22Ord. No. 2022-74, § 4, 1-3-23)

To ensure compliance with the provisions of this Ordinance, an administrative site plan review and approval by the director of community development shall be required in the following instances prior to making any modifications to the land and/or structure:

(a)

for commercial, industrial, business, multi-family, townhouse or institutional uses, minor expansions and renovations, which increase the gross floor area or parking lot up to thirty (30) percent;

(b)

changes in occupancy from a less intense class or kind of use to a more intense class or kind of use; or,

(c)

changes in use or expansion of the size or number of structures or the amount of land affected by a use.

Some changes in use and change in occupancy may initiate the need for compliance with provisions of the Land Use and Development Ordinance such as parking, landscaping, stormwater management, signage, etc. The proposed administrative site plan shall not be approved unless the site plan is presented in a manner or revised in a manner to be compliant with said regulations.

(Ord. No. 2023-43, § 4(D), 1-2-24)

Editor's note— Ord. No. 2023-43, § 4(D), adopted January 2, 2024, added a new section 15-6 and renumbered the remaining sections, 15-6 through 15-11, as 15-7 through 15-12.

The director of community development may waive certain requirements contained in this article if, in his/her opinion, the requirements are not essential to a proper decision on the project; or, he/she may supplement the list with other requirements deemed necessary to clarify the nature of the proposed development.

(Ord. No. 2023-43, § 4(D), 1-2-24)

Note— See the editor's note at § 15-6.

Each person, firm, corporation, utility, entity or agent thereof preparing to engage in any site preparation and/or construction activities shall acquire a site disturbance permit from the department of community development prior to commencement of such activities as established pursuant to the provisions of this article and no such activity shall commence prior to the approval of a site plan by the planning commission or administrative review by the director of community development as required in Article XV, Site Plan Review, section 15-1. Fees for said permit and permit extension requests are enumerated in Article XXXIV, Schedule of Fees.

(Ord. No. 2023-43, § 4(D), 1-2-24)

Note— See the editor's note at § 15-6.

(a)

Whenever a person, firm, corporation, developer or other entity proposes to develop a commercial, public, semi-public or multi-family, or mixed use project that, in the opinion of the director of community development constitutes a land disturbing activity which may pose a risk of drainage and/or siltation damage outside the boundaries of the project, such person, firm, corporation, developer or other entity conducting the land disturbing activity shall be required to submit a non-cancelable performance bond in the name of the permittee, a letter of credit or cashier's check, to the city prior to the issuance of a site disturbance permit.

(b)

At the time of the site plan approval, the bond shall become effective and shall extend for a period of at least two (2) years following the issuance of the certificate of occupancy by the city. The bond shall be in the amount of twenty (20) percent of the total cost for the performance of all site work. Said bond shall cover drainage, erosion and siltation damage, if any.

(c)

The director of community development or other administrative official as designated by the city council shall determine the prescribed bond, as well as, the adequacy and the security thereon.

(Ord. No. 2023-43, § 4(D), 1-2-24)

Note— See the editor's note at § 15-6.

(1)

At the expiration of two (2) years from the issuance of the certificate of occupancy, the director of community development and the site containment officer or designee of the building official shall determine if the drainage design implementation of the project has:

(a)

Been performed in accordance and continues to functions within the parameters of the design standards as set forth by the project engineer;

(b)

Had any impact on any streams, waterways, or third parties that have been minimized through mitigation efforts;

(c)

Received from the project engineer a certificate of performance which states the drainage facilities have been constructed in accordance with the plans, specifications, and engineering guidelines.

(2)

The city may release the developer and/or the bondholder from further obligations under said bond based upon the evaluation and recommendation of the director of community development, environmental programs, and the city engineer.

(3)

If it is determined that the requirements of this section have not been met, then the bond may be extended for one six (6) month interval to allow the developer and/or bondholder additional time to correct the deficiencies which prohibit the release of bond. If the site contractor is unable and/or unwilling to satisfy the deficiencies as enumerated by the director of community development, city engineer and environmental programs, the entire bond shall be forfeited with the bond being payable to the City of Daphne for the direction of such work and/or activities necessary for the completion of the improvements. The developer and/or bondholder of the property thereof shall be liable for any additional cost incurred.

(Ord. No. 2022-14, § IV(iii), 2-21-22; Ord. No. 2023-43, § 4(D), 1-2-24)

Note— See the editor's note at § 15-6.

Upon approval of the site plan, either as submitted or with changes and/or special conditions required by the planning commission, the building official may issue a building permit for a portion or all of the proposed development provided the application is in compliance with all applicable city, county, as well as, state and federal requirements.

(Ord. No. 2023-43, § 4(D), 1-2-24)

Note— See the editor's note at § 15-6.

An application for site plan review, site disturbance permit and extension requests shall be accompanied by the appropriate fee as specifically enumerated in Article XXXIV, the Schedule of Fees. If, for any reason, an item scheduled for initial presentation before the planning commission is requested to be tabled or withdrawn within seven (7) calendar days of submission to the department of community development, then the application fee will be credited toward resubmittal of the application; however, beyond the seven (7) calendar day period, fees shall not be refunded nor credited toward subsequent submittals. The request to withdraw or table the item shall be submitted in writing to the department of community development prior to the scheduled hearing date.

(Ord. No. 2023-43, § 4(D), 1-2-24)

Note— See the editor's note at § 15-6.

(1)

When all required improvements are installed in accordance with the site plan and specifications approved by the planning commission, the developer or general contractor shall request a final inspection by the design engineer and the registered landscape architect. After the inspections have been completed, each (i.e., the design engineer as well as the registered landscape architect) shall forward a letter of compliance and as-built drawings to the director of community development. Upon receipt thereof the director or his/her duly authorized representative and all related staff shall inspect the site to determine if all required improvements have been satisfactorily installed. Upon receiving satisfactory inspection reports from applicable staff the director shall thereafter sign the certificate of occupancy.

(2)

Upon receiving an unsatisfactory inspection report, staff and the contractor shall collaborate to determine measures to resolve the deficiencies that exist. If the site inspection report from staff denotes minor improvements which in the opinion of staff can be covered by a surety and a future site inspection within a six (6) month period, then the developer shall have an option to provide such surety to the community development director. Upon receipt of the aforementioned surety and all other passing inspection reports the director shall thereafter sign the certificate of occupancy.

i.

Said surety shall be accompanied by a certified cost estimate for specified improvements prepared by the professional whose work has been identified as deficient, i.e., the civil engineer for civil site work or the landscape architect for landscaping. The surety shall be a cashier's check or a money order from an Alabama lending institution and it shall be in the amount of one hundred and fifty (150) percent of the estimated cost.

(3)

When all required improvements are installed in accordance with the surety, the developer or general contractor shall request a final inspection by the appropriate persons. After the inspections have been completed, he/she shall forward a letter of final compliance and as-built drawings to the director of community development. Upon receipt thereof the director or his/her duly authorized representative and all related staff shall inspect the site to determine that all required improvements have been satisfactorily installed. Upon receiving satisfactory inspection reports from applicable staff the director shall release the surety.

(Ord. No. 2023-43, § 4(E), 1-2-24)