Whenever the board has adopted a master plan for the district, no street, square, park, or other public way ground or open space, public building or structure, or public utility, whether privately or publicly owned, shall be constructed or authorized in the district until the location, character, and extent thereof has been submitted to and approved by the board. The board may require an application fee be paid by any person, business, or other entity submitting plans to the board for approval. However, any fee required may not exceed the actual costs of processing the application, including review by the board and county commission, or both, and provided that the proceeds from any fee be earmarked only for the administration of this part. The board shall issue a certificate of compliance to any applicant whose proposed land use is acceptable under the master plan and land use ordinances of the district. The board shall reject any application that is not in compliance with the master plan and land use ordinances of the district. The applicant may appeal any adverse decision to the Mobile County Commission. ard shall reject any application that is not in compliance with the master plan and land use ordinances of the district. The applicant may appeal any adverse decision to the Mobile County Commission. The failure of the board to act upon an application within 60 days from the date filed in the office of the board shall be deemed an approval of the land use proposed in the application. (Act 2005-75, p. 111, § 17.)
Alabama Legal Code