• All developments which have five (5) acres or more of disturbed land shall submit a copy of the Storm Water Pollution Prevention Plan (SWPPP) and Large Construction Notice of Intent (LCNOI) as approved by [the] Mississippi Department of Environmental Quality (MDEQ) to the city's Planning and Building Department.

• All developments which are over 1 acre of disturbed land but under five (5) acres shall submit a copy of their SWPPP to the city's Planning and Building Department.

• Failure to comply with the SWPPP or failure to prevent sediment from leaving the development site shall be cause for revoking any or all previous approvals or permits from the city until the failure is corrected.

5.2.1.

Requirements.

A.

All subdivisions, as defined in this ordinance, must meet the requirements listed herein. Any variation from the requirements herein which is noted on the preliminary plat or construction plans shall be deemed acceptable upon approval of the plat or plans by the city. Any undocumented or unapproved deviations shall be corrected by the developer at the developer's expense.

B.

All proposed subdivisions shall first obtain a Floodplain Determination or Floodplain Development Permit prior to being considered for approval.

C.

In addition to the requirements listed in this article, all required submittals and approvals required for subdivision approval shall be completed prior to the start of construction and prior to the sale of any lot.

5.2.2.

Streets.

A.

Street Classifications - The Land Code Administrator will review the street system for the proposed development and classify all proposed streets in one of the following categories:

• Collector streets that carry traffic from local streets to arterial streets or highways. These may include the principal entrance streets for larger subdivisions (50 or more homes).

• Local streets that are used primarily for access to abutting properties.

• Driveways and parking for commercial developments which are used to access a single commercial building or site.

B.

Design Requirements - The requirements given in Table 5.2.2 shall be used for the design of all streets. The requirements for driveways and parking are provided in another section of this ordinance.

TABLE 5.2.2 MINIMUM DESIGN REQUIREMENTS FOR STREETS

C.

Additional design requirements for streets:

i.

In addition to the requirements listed in this ordinance, all design, construction, and materials shall also meet or exceed the applicable requirements of the Mississippi Standard Specifications for State Aid Road and Bridge Construction.

ii.

The arrangement of streets in a subdivision must either provide for the continuation of existing principal streets in surrounding areas; or conform to a Neighborhood Street Plan that has been devised to meet an unusual situation such as topography or other conditions that make continuation of existing streets impractical. The Neighborhood Street Plan must be prepared by the developer and is subject to approval by the Land Code Administrator.

iii.

When at all feasible, utilities, including water, sewer, power, gas, cable television, or telephone lines shall not be laid under a paved roadway.

iv.

All streets and associated easements shall be dedicated to the city and recorded at the Chancery Clerk's Office.

v.

Trees or shrubs will be permitted to be planted at street intersections provided that such plantings do not interfere with proper drainage or obstruct driver's vision.

vi.

A tangent of at least one hundred (100) feet must be introduced between reverse curves on collector streets. Horizontal curves on collector streets must have a 350-foot minimum radius computed from the centerline. Horizontal curves on local streets must have a 250-foot minimum radius computed from the centerline.

vii.

Streets must be laid out so as to intersect as nearly as possible at right angles, and no street may intersect any other street at less than sixty (60) degrees.

viii.

Property lines at street intersections must be rounded with a minimum radius of ten (10) feet. A chord with a minimum leg of 10 feet may be used in place of rounded corners.

ix.

Cul-de-sac permanent dead-end streets should not be longer than one thousand (1,000) feet and must be provided at the closed end with a turnaround having a paved surface diameter of at least seventy (70) feet and a street line diameter of at least one hundred (100) feet.

x.

No street names may be used which will duplicate or be confused with the names of existing streets. Street names should be cleared with the E-911 Address Systems office before being used. Street names will be subject to the approval of the Board of Aldermen.

xi.

Street grades of local streets must not exceed ten (10) percent. Street grades of collector streets and major thoroughfares must not exceed seven (7) percent. Grades approaching intersections must not exceed five (5) percent for a distance of not less than eighty-five (85) feet from the centerline of said intersecting streets.

5.2.3.

Monuments.

A.

Monuments must be placed at all major corners along the outside boundaries of the subdivision. These monuments should consist of a four-inch (4") by four-inch (4") concrete post not less than thirty inches (30") in length. Monuments shall have a steel reinforcing rod running through the center for magnetic detection.

B.

Markers must be placed at all corners or changes in alignment of lot boundaries and at all block corners, angle points, or curves in street right-of-way boundary lines. The markers should consist of a reinforcing rod or iron pipe of not less than one-half (½") inch in diameter and not less than twenty-four (24") inches in length.

C.

All monuments or markers should be set with the top flush with the finished grade. When necessary to prevent disturbance, the monument should be sunk underground and referenced to permanent landmarks.

5.2.4.

Easements.

A.

Easements must be provided for utilities. This should include a minimum 15-foot wide strip adjacent to the street right-of-way on each side. Utility easements shall also be provided as needed along sides of and at the rear of lots where utilities must be located away from streets. Commercial site plans shall include easements for the continuation of utilities to adjacent properties where needed.

B.

When at all feasible, utilities, including water, sewer, power, gas, cable television, or telephone lines, shall not be laid under a paved roadway.

C.

Easements must be at least fifteen (15) feet wide at ground level.

D.

Where easements intersect or sharp changes in alignment are necessary, corners must be cut off sufficiently to permit equipment access.

E.

No buildings or permanent structures (other than utilities or driveways) will be permitted in easements.

F.

Any overhanging limbs, shrubbery or vegetation of any kind may be removed from within the limits of easements at the sole discretion of utility maintenance personnel.

G.

Where a subdivision is traversed by a drainage way there must be provided a stormwater easement. The stormwater easement shall conform substantially to the natural watercourse or an accepted canal constructed for drainage purposes.

5.2.5.

Blocks.

A.

The lengths, widths and shapes of blocks should be designed to provide convenient access, circulation, control and safety of street traffic. Limitations and topography will determine exact shapes and sizes of blocks.

B.

As a usual practice, block lengths should not exceed sixteen hundred (1,600) feet or be less than four hundred (400) feet.

5.2.6.

Lots.

A.

All subdivisions must be surveyed and laid out in such a manner that each and every lot intended for sale abuts a dedicated public street or road. If flag lots are used, no more than two flag lots may be adjacent at a road frontage. All flag lots shall have a minimum driveway width and road frontage of 40 feet.

B.

Zero lot line patio/garden homes shall only be allowed under the Planned Residential Development (PRD) provisions of this ordinance.

5.2.7.

Water systems.

A.

All water line extensions and subdivision water systems shall be designed in accordance with Mississippi State Department of Health standards. MSDH requires the design to be done by a professional engineer. The developer is responsible for this design and all submissions to the MSDH.

B.

The water system should be designed so that the calculated pressure within the city's water system, at maximum use flows, is not less than twenty (20) pounds per square inch at any curb stop. The developer is responsible for providing engineering calculations confirming this requirement. Please contact the city engineer for specific details of this requirement.

C.

Individual water wells may be used only if the city is unable to serve the development and written approval is obtained from the Mississippi State Department of Health.

D.

In the event that the proposed subdivision is located within or abuts an existing water district or association, the developer may request permission to connect to that association. Regardless of the water source, the water system shall as a minimum meet the requirements of this ordinance.

E.

Water mains must be a minimum 6" diameter C900 PVC pipe or equal (6" required for fire protection).

F.

Subdivisions shall be designed for fire protection regardless of the current infra-structure. Fire hydrants shall be provided every 400 feet. All fire hydrants shall be equipped with isolation valves located adjacent to the hydrant.

G.

Utilities shall be located either in the road right-of-way apart from the paved surface or in utility easements.

H.

All water lines shall be marked with magnetic locator tape.

I.

All dead-end mains must be equipped with an approved outlet sufficient to periodically flush the main. Properly located fire hydrants may be used to meet this requirement.

J.

Services in subdivisions must consist of the following: A corporation stop must be provided at the main with three-fourth-inch (¾") flexible copper tubing or a high-molecular weight plastic tubing must run from the main to the lot line and terminate with a compatible curb stop.

K.

Hydrostatic and bacteriological tests must be performed on the new water system in accordance with Mississippi State Department of Health standards. Tests must be coordinated with the Land Code Administrator and witnessed by designated city personnel. The developer is responsible for these tests.

5.2.8.

Sanitary sewers.

A.

Sanitary sewer facilities will be provided in all subdivisions.

B.

All sewer line extensions and subdivision sewer systems shall be designed in accordance with the Mississippi Department of Environmental Quality (MDEQ) standards. MDEQ requires the design to be done by a professional engineer. The developer is responsible for this design and all submissions to the MDEQ.

C.

In the event that the proposed subdivision is located within or abuts an existing sewer district or association, the developer may request permission to connect to that association. Regardless of the sewer treatment, the sewer system shall as a minimum meet the requirements of this ordinance.

D.

Utilities shall be located either in the road right-of-way apart from the paved surface or in utility easements.

E.

All gravity sewer pipe must be bell and gasket type PVC, or other type approved by the Planning and Building Department.

F.

The minimum diameter pipe for sanitary gravity sewer mains is eight (8) inches. Minimum diameter service pipe for house connection is four (4) inches for single-family dwellings and six (6) inches for multi-family dwellings. House connections must be stubbed out to each property or lot line before street construction and plugged with extended sewer stub marker tape from pipe to surface.

G.

The following are the minimum gravity sewer slopes that will be allowed; however, slopes greater than these are desirable:

H.

Manholes must be no more than four hundred (400) feet apart. Manholes are required at each change in alignment or grade and at the end of all laterals over one hundred fifty (150) feet in length. Cast-iron lids and frames shall be provided.

I.

There is a minimum ten-foot (10') separation between all parallel sanitary sewer and water mains except as otherwise approved by MDEQ and MSDH.

J.

Infiltration in any section of [the] sewer main must not exceed three hundred (300) gallons per inch of pipe diameter, per mile, per day.

5.2.9.

Storm drainage.

A.

Utilities shall be located either in the road right-of-way apart from the paved surface or in utility easements.

B.

Materials and construction must conform to Mississippi Standard Specifications for State Aid Road and Bridge Construction.

C.

Culverts must be sized using the rational formula and calculated by a professional engineer. The minimum design shall be calculated for a 25-year storm frequency.

D.

The minimum diameter for storm drain pipes must be fifteen (15) inches, and when used as a culvert the length must be such that the ends project at least four (4) feet beyond the edge of the pavement. Reinforced concrete headwalls or pre-cast flared end sections must be provided on 18-inch pipe and larger. Concrete culverts must be a minimum of Class III reinforced concrete. HDPE pipe, 12 inches or larger, may be used for driveway culverts but not street culverts or other storm drains.

E.

Adequate protection of ditch inverts and side slopes must be provided to prevent erosion.

5.3.1.

Standards for commercial design required.

A.

All new nonresidential buildings and accessory buildings shall meet the standards of this section.

B.

All new nonresidential buildings shall also meet the applicable requirements for water, sewer and road construction listed in the Subdivision Design Standards, section 5.2. All commercial site plans shall include extension of water and/or sewer lines across the full property width on the street side to provide for future extension of these services.

5.3.2.

Driveways.

A.

Driveways which enter an MDOT-controlled street (Hwy 49, Hwy 49 Frontage roads, Hwy 26, Hwy 29, Magnolia Drive, etc.) must have an MDOT-approved driveway permit. These driveways are subject to MDOT regulations in addition to the requirements in this ordinance. Prior to permit approval by the city, the developer must obtain and submit an approved MDOT driveway permit for properties along MDOT-controlled streets.

B.

The number of driveways per street shall be limited to one driveway for every 100 feet of street frontage or a fraction thereof. A one-way entrance connected to a one-way exit shall be considered one driveway. Corner lots located on major thoroughfares shall have access from the side street wherever possible to reduce the number of driveways along said major thoroughfares. If at all possible, parking areas shall be designed so as to prevent vehicles from backing out onto any street, except for one- and two-family developments.

C.

The width of any driveway shall not exceed 50 feet nor be less than 15 feet. The Land Code Administrator may authorize a width of up to 60 feet where large trucks frequent the business and would otherwise experience difficulty entering and exiting the property.

D.

For corner lots, the edge of the driveway shall be at least 40 feet from the right-of-way line of the intersecting street. Driveways shall be a minimum of five (5) feet from the side property lines; however, a driveway serving adjoining businesses may be constructed over the side property line.

E.

Commercial driveways shall be designed with no more than a 6% slope within one hundred (100) feet of the entrance to the road. Driveways shall have a slope extending down and away from the street edge at least 10 feet to prevent stormwater from discharging onto the street.

5.3.3.

Off-street parking.

A.

Parking required.

i.

Parking Areas Required - Permanent off-street parking areas for all nonresidential and multi-family residential development shall be provided as specified by this section for all new buildings and when any existing building's floor space is enlarged by 25% or more. The minimum number of parking spaces required shall also be met if the use of a building is changed or when a new Certificate of Occupancy is issued.

ii.

Minimum Number of Off-Street Parking Spaces - Each principal and accessory use of land shall be provided with at least the minimum number of off-street parking spaces indicated in the Table 5.3.3-1.

iii.

Reduction in Number of Required Spaces - The Land Code Administrator or Planning Commission may reduce the number of parking spaces required by this section up to fifteen percent (15%) upon finding that the reduced number of parking spaces will be sufficient to satisfy the expected demand for parking.

TABLE 5.3.3-1 MINIMUM NUMBER OF PARKING SPACES REQUIRED

B.

Off-site parking and shared parking.

i.

Off-Site Parking - Off-street parking spaces may be provided on land within 1,000 feet of the principal use; provided that:

• The parking area is owned or leased by the owner of the principal use.

• The parking area meets the zoning requirements where it is located.

• Pedestrians can reasonably and safely traverse the area between the off-site parking and the use it serves.

ii.

Shared Parking - The Land Code Administrator may approve shared parking as complying with this ordinance and shall adopt a standard methodology for calculation of the number of spaces to be required. Shared spaces may include on-street parking. The Land Code Administrator shall maintain a written record of all shared parking plans for new construction.

C.

Location and construction of parking areas, stacking lanes and truck unloading.

i.

All required parking areas and driveways in the R-O, C-1, C-2, C-3 and H-1 districts shall be of paved, concrete, or pervious pavement construction. The use of recognized pervious paving techniques is strongly encouraged.

ii.

Wherever building design allows, all parking areas shall be separated at least ten (10) feet from buildings in order to allow room for sidewalks, landscaping and other plantings between the building and the parking area. It is the intent that at least 40% of this area be used for green space or landscaping.

iii.

All stacking lanes for drop-off or drive-through business shall be provided with either an on-site vehicle turnaround or separate points of ingress and egress.

iv.

All nonresidential properties shall make provision for truck loading/delivery spaces to prevent blockage of traffic, and under no circumstances shall these be located on a public street. At least one space shall be provided. Truck spaces shall be at least 12 feet wide and 25 feet long, with at least 14 feet of overhead clearance. This requirement may be waived by the Planning Commission if it can be shown by the property owner that truck deliveries (including UPS, Fed Ex) will not be required at the property.

D.

Minimum dimensions of parking spaces, and aisles.

i.

Dimensional requirements of parking spaces. Parking spaces shall not be less than 8 feet 9 inches wide by 18 feet long. Each space must be identified by striping or other visible designation.

ii.

Dimensional requirements for aisles in parking areas. The minimum width for aisles between rows of parking spaces shall be as given in the table below:

E.

Parking lot landscaping and green space.

i.

Perimeter Green Space Requirements. A ten-foot wide strip of land, located along any property line adjacent to the street right-of-way, and a five-foot wide strip of land along all common property lines shall be landscaped or grassed.

ii.

Interior Planting Areas.

• General requirements. Interior planting areas are required for parking areas of buildings requiring 30 or more parking spaces. At least eight (8) percent of the gross area of the interior parking lot area shall be landscaped or grassed.

• Interior planting areas are to be located within the parking area, as tree islands, at the end of parking bays, inside seven-foot wide or greater medians, or between rows of cars or as part of a continuous landscaped buffer. Interior planting areas shall be located to most effectively accommodate stormwater runoff and provide shade in large expenses of paving. Perimeter green space my not be used to satisfy this requirement.

• No more than thirty (30) parking spaces shall be permitted in a row without being interrupted by an interior planting area.

• Trees shall be provided at the minimum ratio of one shade tree for every 20 parking spaces. A minimum of ninety (90) square feet of planting area shall be required around each new shade tree.

5.3.4.

Building facades.

The requirements of this section shall apply to all new buildings and when any existing building's floor space is enlarged by 25% or more in zones H-1, R-O, C-1, C-2, and C-3. Building design plans shall be submitted for approval as part of each site plan required under this ordinance.

Building facades in the H-1, R-O, C-1, C-2 and C-3 districts shall be designed to be compatible with adjacent buildings in terms of architectural design, exterior building materials and colors, and arrangement of buildings and other features. All nonresidential buildings should have a facade of brick, stone, stucco, or designer block on the side(s) of the building facing a street. Corner lots will have this requirement on two sides.

5.3.5.

Exterior lighting.

Exterior lighting shall be provided for all new commercial construction. Exterior lighting shall be provided for all multi-family residential buildings with 4 or more dwelling units per building. Exterior lighting for commercial buildings shall be designed to illuminate a minimum of 90% of the parking area and driveways. All exterior lighting shall be designed to protect against the spill over of light to adjacent properties which contain sleeping quarters or require reduced lighting. For the purposes of this section, exterior lighting shall have automatic dusk-to-dawn on/off controls.

5.3.6.

Screening for mechanical equipment and trash containment areas.

A.

Mechanical and utility equipment. Heating, ventilation, air conditioning, and other mechanical utility equipment, including but not limited to fans, compressors, pumps, and heating and cooling units, which are located on, beside, or adjacent to any commercial building or development shall be screened from the view of streets and adjacent property. The screen shall exceed the height of the equipment and shall not interfere with the operation of the equipment. The screen shall use building materials and a design which is compatible with the principal building. An appropriate landscape planting (minimum 50% screen at time of planting) may also be used to meet this requirement.

B.

Trash containment areas. All trash compactors, dumpsters and similar trash handling equipment shall be located and designed to be hidden or screened from the view of adjacent streets and properties. If the device is not visible from off the site, then it need not be screened. Trash containment areas are required for all commercial and industrial uses which cannot store all waste materials, recycled materials and/or trash indoors. The Trash Containment area shall include a ten-foot wide truck pad extending 10 feet in front of the actual dumpster. The pad shall be of reinforced concrete a minimum of eight inches (8") thick with a bottom mat of #4 reinforcing bars 1 foot on center in both directions.

5.3.7.

Required screening for the protection of residential areas.

A.

Intent. This section requires screening to be provided and maintained when nonresidential uses are being developed or expanded adjacent to residential uses and when higher density residential uses are being developed or expanded adjacent to lesser density residential uses.

B.

Required screens. All commercial or industrial uses which are located adjacent to a lot zoned A-R, R-1, or R-2, R-3, R-4 shall be provided with screening conforming to the design standards outlined below. Exempt are schools and churches. The Land Code Administrator may waive the screening requirements for similar low impact uses.

As a part of a conditional use permit and/or site plan approval, screening may also be required where construction of a high impact use such as a correctional facility, truck terminal, intensive amusement business, mini-warehouse, warehouse, industry, resource extraction, gas station, automobile repair, or salvage yard, is to occur adjacent to a less intensive use, such as a bank, office, clinic, funeral home, cemetery, personal care business, restaurant, church or school.

C.

Screening design standards. Screening barriers shall consist of a visually solid fence six (6) feet in height constructed along the length of the property line adjacent to the use to be screened. However, no screen shall extend any closer to the front property line than fifteen (15) feet. Fence framing members shall face the commercial property to be screened.

Landscaping in the form of evergreen shrubs may be substituted for the fence, and, if so, shall reach a minimum height of six (6) feet within three years of planting. Shrubs planted on berms may have a lesser height provided the combined height of the berm and planting meets or exceeds those specified above. Shrubs shall be planted not greater than 4 feet apart. Existing trees and shrubs may also count towards satisfying the screening requirements, provided they meet the standards specified herein.

Perimeter plantings required for parking lot landscaping may be counted towards satisfying the screening requirements of this section, provided they otherwise meet the design requirements. Alternative screening plans may be approved by the Land Code Administrator provided they meet or exceed the standards contained herein.

D.

Maintenance. Plant materials that have died or portions of the fence which have become damaged shall be replaced within 30 days.

5.3.8.

Commercial accessory structures.

A.

Temporary structures are exempt from the requirements of this section.

B.

Nonresidential accessory structures over 400 square feet shall meet all of the design standards and setback requirements of a principal building.

C.

Nonresidential accessory structures under 400 square feet shall meet the following requirements:

i.

Accessory structures shall not be located in a front yard.

ii.

Accessory structures shall have a minimum setback of 5 feet from side or rear property lines.

iii.

If the accessory structure is located within 15 feet of the principal building it shall meet the setback retirements of the principal building.

iv.

Accessory structures visible from the street shall have a facade facing the street that matches or complements the principal building.

v.

The following are prohibited accessory structures:

• Shipping containers.

• Any type of truck body or trailer body.

• Any type of trailer.

• Tubular frame metal buildings with steel roofing/siding run longitudinally.

• Fabric tension buildings and tents.

5.4.1.

Residential driveways.

All new residential construction should be of paved construction or covered with a non-erosive material such as crushed limestone or washed gravel (clay gravel is not acceptable). In all cases the construction used must keep sediment from washing onto the street.

5.4.2.

Residential accessory buildings.

A.

Temporary structures are exempt from the requirements of this section.

B.

Nonresidential accessory structures shall meet the following requirements:

i.

Accessory structures shall not be located in a front yard.

ii.

Accessory structures shall have a minimum setback of 5 feet from side or rear property lines.

iii.

If the accessory structure is located within 15 feet of the principal building it shall meet the setback requirements of the principal building.

iv.

Accessory structures visible from the street shall have a facade facing the street that matches or complements the principal building. The Land Code Administrator may approve landscaping to meet this requirement.

v.

The following are prohibited accessory structures:

• Shipping containers.

• Any type of truck or trailer body.

• Any type of trailer.

• Tubular frame metal buildings with steel roofing/siding run longitudinally.

• Fabric tension buildings and tents.

New manufactured home parks shall meet the same requirements for water, sewer and streets as required for subdivisions.

All junk yards, vehicle salvage yards, vehicle repair shops and wrecker services where junk or wrecked vehicles are stored shall be screened from view from adjacent properties by opaque fencing and landscaping. All new junk yards, vehicle salvage yards, vehicle repair shops and wrecker services must provide such screening prior to obtaining a certificate of occupancy.

The storage of used vehicles without current license plates and inspection decals shall fall under this provision.

5.7.1.

General description.

The purpose of the Planned Residential Development designation is to provide a means for developing and preserving larger common areas of usable open space within residential developments, to encourage creative, flexible site planning and design to take advantage of the natural features of the landscape, to provide flexibility for working within the constraints of existing neighborhoods, and to reduce the costs of developing and providing public resources and utilities.

All Planned Residential Developments must contain at least four (4) acres and be located in the A-1, R-1, R-2, R-3, or R-4 districts. Planned Residential Developments are conditional in nature and approval for a particular proposal will only be granted if the proposal is determined to be beneficial to the neighborhood and the city.

5.7.2.

Plats and plans required.

A preliminary plat shall be prepared as required under the Subdivision section of this ordinance and, in addition, plans showing locations of existing and proposed buildings and structures, location and species of trees to remain, location and species of trees to be removed, access and egress details, off-street parking and loading spaces, proposed landscaping, existing ground elevations, proposed grade elevations, site drainage plans, exterior building elevations and proposed finish materials, and any other information that would aid in assessing the proposal, shall be submitted with the preliminary plat.

Construction plans, a final plat and all required dedications, covenants, easements, bonds, certifications, etc., shall be submitted to the Land Code Administrator in the same manner as required for subdivision submittals.

5.7.3.

Uses permitted.

Uses permitted in the PRD District shall include single-family, duplex, townhouse, garage apartment, and modular home (length less than twice width) dwellings. Additional Conditional Uses that may be considered by the Planning Commission are multi-family dwellings, mixed use dwellings and limited businesses which provide services primarily intended for the residents of the PRD such as assisted care offices, cafeterias, and health clubs.

5.7.4.

Regulations.

A.

Residential lot size: No minimum lot sizes are established, per se, so the housing can be clustered or otherwise concentrated or arranged in planned locations on the site to take advantage of its natural features.

B.

Height: No building or structure shall exceed three (3) stories in height.

C.

Buffer strips: A ten-foot buffer strip consisting of landscaped or grassed areas shall be provided around the perimeter of the development.

D.

Open space reservation: Twenty-five percent (25%) of the total land area shall be reserved as open space for the benefit of the residents. Land which is under water or part of the 100-year floodplain may be counted toward no more than 50% of the open space requirement.

E.

Density: The overall project density shall not exceed eight (8) dwelling units per acre. This shall be calculated by dividing the total dwelling units in the project by the total acreage of the project. The maximum localized density within the project shall not exceed twenty-four (24) dwelling units within any acre of the project.

F.

Appearance of buildings and site features: The location, nature, size, and design of buildings and structures as presented to the Planning Commission and City Council [Board of Aldermen] shall be compatible with surrounding properties so as to harmonize with the neighborhood in character and appearance.

G.

Impervious surfaces: Land area occupied by buildings, structures, streets, driveways, sidewalks and other impervious surfaces shall not exceed sixty percent (60%) of the total land area of the PRD; the required open space shall be included in this calculation. Pervious paving techniques for parking, streets and sidewalks may be used to meet this requirement.

H.

Required Homes Association: As part of the plan proposed for any PRD, the developer shall submit a set of covenants running with the land providing for an automatic membership in the Homes Association. The Homes Association shall be an incorporated nonprofit organization operating under recorded land agreements, through which each property owner in the 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 PRD.

I.

Responsibility for open space: Nothing in this section of the code shall be construed as a responsibility of the City of Wiggins, either for maintenance or liability of the following, including but not limited to private open areas, parks and recreational facilities. 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 PRD 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, the city shall be responsible for the operation and maintenance of these lands and properties.

J.

Legal protection of open space: Common open space shall be guaranteed by a restrictive covenant, running with the land, describing the open space and its improvement and maintenance in perpetuity for the benefit of the residents of the PRD. The developer shall file, at the time the approved final plat is filed, legal documents, satisfactory to the city attorney in form and content, which will produce the aforesaid guarantees and, in particular, will provide for restricting the use of common open spaces for the designated purpose.

K.

Landscaping: A general landscaping plan shall be required as part of the submission. The Planning Commission shall review the landscaping plan in conjunction with the review of the preliminary plat. The preservation of the natural amenities, including topography, trees and ground cover, natural bodies of water, and other significant features, shall be given due consideration. Existing trees shall be preserved wherever possible. The location of trees shall be considered when planning the common open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grade levels.

L.

Street layout: The streets shall be designed to permit smooth traffic flow with minimum hazards to pedestrians. Minor streets within Planned Residential Developments shall not be connected to streets outside the development in such a way as to encourage their use by through traffic.

M.

Construction: The construction in the PRD shall conform to all requirements and standards as set forth in the subdivision design section of the Land Development Code.

N.

Street construction: Private streets of Planned Residential Developments shall meet the street design requirements of the subdivision section of this Code. Any streets dedicated to the city shall follow the same procedures and design standards as for subdivisions. If a developer anticipates that a street will be dedicated to the city in the future, the design of the street should be approved by the city prior to construction and the construction should be inspected by the city engineer. If the design and construction was not approved and inspected by the city, the developer shall bear all costs for testing and reconstruction to ensure the construction meets the requirements of this ordinance.

5.8.1.

General description.

The purpose of this district is to provide a means for developing open space areas in larger developments, to take advantage of natural features of the landscape in this design, to improve the quality of developments and to reduce the costs of developing and providing public resources and utilities. The owners of any tract of land containing at least five (5) acres may submit a plan for the use and development of the entire tract for residential, compatible business, and related uses as a single and unified project. The cluster development concept may be used under the Planned Unit Development regulations. The PUD shall be a superimposed designation providing broader latitude of design to achieve the above stated goals. A permit is required.

5.8.2.

Site plan required.

A detailed site plan of the proposed Planned Unit Development District shall be submitted to the Planning Commission for study and approval. In addition, the procedures for subdivision of land shall be required.

5.8.3.

Uses permitted.

Uses permitted in the Planned Unit Development District are those normally necessary to make up a total neighborhood, specifically including the following:

A.

Residential uses: Any use permitted in the R-1, R-2 or R-3 Districts.

B.

Business uses: Permitted commercial uses shall be those of retail type and personal service type businesses associated with community shopping centers and office park development.

C.

Public and semi-public facilities: Community centers, schools, parks and other recreational facilities, churches, clubs, public utilities, libraries and other public buildings and structures required to provide essential public services and any other use which primarily serves the residents of such a development.

D.

The developer shall specify the uses planned from the City of Wiggins Land Use Table (see Article 3). The addition of any use not included in the original plan will require a conditional use permit.

5.8.4.

Regulations.

A.

Residential lot size: No minimum lot sizes are established, per se, so the housing can be clustered or otherwise concentrated or arranged in planned locations on the site to take advantage of its natural features.

B.

Open space reservation: Twenty-five percent (25%) of the total land area shall be reserved as open space for the benefit of the residents. Land which is under water or part of the 100-year floodplain may be counted toward no more than 50% of the open space requirement.

C.

Development density: Business uses in any PUD shall constitute less than 35% of the total land area of a PUD. Residential land use shall be at least 25% of the total land area of a PUD.

D.

Impervious surfaces: Land area occupied by buildings, structures, streets, driveways, sidewalks and other impervious surfaces shall not exceed sixty percent (60%) of the total land area of the PUD; the required open space shall be included in this calculation. Pervious paving techniques for parking, streets and sidewalks may be used to meet this requirement.

E.

Homes Association: As part of the plan proposed for any PUD the developer shall submit a set of covenants running with the land providing for an automatic membership in the Homes Association, to be an incorporated nonprofit organization, operating under recorded land agreements through which each property owner in the PUD 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.

F.

Responsibility for open space: Nothing in this section of the Code shall be construed as a responsibility of the City of Wiggins, 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 PUD 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, the city shall be responsible for the operation and maintenance of these lands and properties.

G.

Legal protection of open space: Common open space shall be guaranteed by a restrictive covenant, running with the land, describing the open space and its improvement and maintenance in perpetuity for the benefit of the residents of the PUD. The developer shall file, at the time the approved final plat is filed, legal documents, satisfactory to the city attorney in form and content, which will produce the aforesaid guarantees and, in particular, will provide for restricting the use of common open spaces for the designated purpose.

H.

Landscaping plan required: In order to minimize the disturbance of the natural environment, a general landscaping plan shall be required at the time of preliminary plat submission showing the spacing, sizes, and specific types of landscaping material. The Planning Commission shall review the landscaping plan in conjunction with the review of the preliminary plat.

I.

Preservation of natural features: The preservation of the natural amenities within the PUD shall be given due consideration which shall include topography, trees, ground cover, natural bodies of water, and other significant natural features. Existing trees shall be preserved wherever possible. The location of trees shall be considered when planning the common open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas, and finished grade levels. The Planning Commission shall inquire into the means whereby trees and other natural features will be protected during construction. Excessive site clearing of top soil, trees and natural features before the commencement of building operations shall be discouraged by the Planning Commission.

J.

Street layout: The streets shall be designed so as to permit smooth traffic flow with minimum hazards to pedestrians. Minor streets within PUDs shall not be connected to streets outside the development in such a way as to encourage their use by through traffic. Sidewalks and other pedestrian walkways shall be separated from vehicular traffic when possible.

K.

Land subdivision: In the construction and installation of all improvements in the PUD, said improvements shall conform to the requirements and standards for subdivisions as set forth in this ordinance.

L.

Private streets: Private streets and drives of Planned Unit Developments shall meet the street design requirements of this Code. Any streets dedicated to the city shall follow the same procedures and design standards as for subdivisions.

M.

Conditions of approval: The Planning Commission or Board of Aldermen may require reasonable plan changes for the PUD as a prerequisite to approval.

N.

Changes to approved PUD site plans: Planned Unit Developments shall be constructed in accordance with the approved site plan. Any contemplated deviation from the approved site plan shall be reviewed and approved by the Planning Commission and may be reviewed by the Board of Aldermen if the Planning Commission considers the changes sufficient to warrant such approval.