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New Meadows City Zoning Code

CHAPTER 14

Condominiums And Condominium Conversions

10-14-1 Short Title

This chapter shall be known as the NEW MEADOWS CONDOMINIUM ORDINANCE. (Ord. 313-08, 6-9-2008)

10-14-2 Purpose And Objectives

  1. The procedure and requirements of this chapter shall apply to and govern the construction and/or conversion of condominiums, and approval of bylaws, plat maps, and declarations for condominium projects within the corporate limits of the City. Said provisions shall supplement zoning, health, building or other ordinances which may be applicable to a particular condominium project, and shall apply to the approval of condominium projects involving new construction as well as conversion of existing structures.
  2. The procedures set forth herein are intended to recognize the unique characteristics of condominiums and condominium conversions and to provide a review process and a set of standards which will address these unique characteristics and to reduce any negative impacts upon the community, neighborhood areas, or prospective owners which may result from the creation of a condominium or condominium conversion.
  3. Condominium ownership differs in numerous respects from conventional building ownership. It is in the interest of the public health, safety and welfare that condominium projects should be reviewed and approved by the City and appropriately regulated for the protection of the community, displaced tenants, and prospective purchasers of condominium units.
  4. In addition, condominium projects which contemplate dedication of real property or improvements for the use of the public, or condominium projects which convey specific title to land, or projects which are not contained in existing or proposed buildings shall also be considered subdivisions requiring compliance with applicable provisions of the City subdivision ordinance. (Ord. 313-08, 6-9-2008)

10-14-3 Rules And Definitions

Whenever any words or phrases used in this chapter are not defined herein, but are defined in related sections of the Idaho Code, this title or the City's subdivision ordinance, such definitions are incorporated herein and shall apply as though set forth herein in full, unless the context clearly indicates a contrary intention.

Unless a contrary intention clearly appears, words used in the present tense include the future and the singular the plural. The term "shall" is always mandatory, and the term "may" is permissive. The following terms, as used in this chapter, shall have the following respective meanings:

BUILDING: A building containing units and comprising a part of a property.

COMMON AREAS AND FACILITIES: Unless otherwise provided in the declaration or lawful amendments hereto, mean and include:

  1. The land included within the condominium project, whether leasehold or in fee simple;
  2. The foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of the building;
  3. The basements, yard, gardens, parking areas, snow storage areas, drainage retention areas and storage spaces;
  4. The premises for lodging of janitors or persons in charge of the property;
  5. Installations of central services such as power, lights, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating;
  6. The elevators, tanks, pumps, motors, fans, compressors, ducts and in general, all apparatus and installations existing for common use;
  7. Such community and commercial facilities as may be provided in the declaration; and
  8. All other parts of the property necessary or convenient to its existence, maintenance and safety or normally in common use.

COMMON EXPENSES:

  1. All sums lawfully assessed against the unit owners;
  2. Expenses of administration, maintenance, repair or replacement of the common areas and facilities;
  3. Expenses agreed upon as common expenses by the association of unit owners; and
  4. Expenses declared common expenses by provisions of this chapter or by the declaration of the bylaws.

CONDOMINIUM: The ownership of a single unit in a multi-unit project, together with an undivided interest in common in the facilities and common areas of the property.

CONDOMINIUM PROJECT: A real estate condominium project; a plan or project whereby two (2) or more units in a single building, whether contained in existing or proposed apartments, commercial or industrial buildings, or structure or otherwise, are separately offered or proposed to be offered for sale. Condominium project shall also mean the property when the context so requires.

CONDOMINIUM UNIT: A unit, together with the undivided interest in common areas and facilities appertaining to that unit. Any reference in this chapter to a condominium unit includes both a physical unit, together with its appurtenant and undivided interest in common areas and facilities.

CONVERSION: A proposed change in the type of ownership of a parcel or parcels of land and/or existing structures from single ownership, such as an apartment house or multi-family dwelling, into a "condominium project", as defined in this section, with arrangements involving separate ownership of individual condominium units and joint collective ownership of common areas or facilities.

DECLARANT:

  1. All persons who execute the declaration or on whose behalf the declaration is executed. From the time of the recordation of any amendment to the declaration expanding an expandable condominium, all persons who execute that amendment or on whose behalf that amendment is executed shall also come within this definition. Any successors of the persons referred to in this definition who come to stand in the same relation to the condominium project as their predecessors did shall also come within this definition.
  2. A recorded declaration containing covenants, conditions and restrictions relating to the condominium project which shall be prepared in conformance with this chapter.

LIMITED COMMON AREAS AND FACILITIES: Those common areas and facilities designated in the declaration as reserved for use of a certain unit or units to the exclusion of the other units.

OPEN SPACE: Landscaped areas that are not occupied by buildings, structures, parking areas, streets or alleys and are devoted to recreational use or preservation of natural features.

PERSON: Any person, firm, corporation, partnership or association.

PLAT: A plat or plats of survey of land and units prepared in accordance with the requirements of the New Meadows subdivision ordinance.

PROPERTY: The land, whether leasehold or in fee simple, the building, if any, all improvements and structures thereon and all articles of personal property intended for use in connection therewith.

UNIT: Either a separate physical part of the property intended for any type of independent use, including one or more rooms or spaces located in one or more floors (or part or parts of floors) in a building.

UNIT NUMBER: The number, letter or combination thereof designating the unit in the declaration and on the record of project map.

UNIT OWNER: The person or persons owning a unit in fee simple and an undivided interest in fee simple of the common areas and facilities in the percentage specified and established in the declaration. (Ord. 313-08, 6-9-2008)

10-14-4 Violations; Enforcement

  1. It is unlawful for any person to sell any unit of any condominium or any other portion thereof until the final plat, in full compliance with the provisions of this chapter, has been finally approved by the City Council and duly recorded in the Office of the Adams County Clerk.
  2. Any map, permit or license issued or approved in conflict with the provisions of this chapter shall be null and void.
  3. Any developer, agent, owner, successor in interest of a developer or owner, tenant, purchaser, builder, contractor or other person who violates any of the provisions of this chapter, or any conditions imposed pursuant of this chapter, shall be deemed guilty of a misdemeanor.
  4. The City shall have the authority to enforce this chapter against violations thereof by actions including, but not limited to, the following:
    1. To serve notice requiring the cessation or correction of any action in violation of this chapter upon the developer, agent, owner, successor in interest of a developer or owner, tenant, purchaser, builder, contractor or other person who commits or assists in such violation.
    2. To deny the condominium project application.
    3. To maintain an action for injunctive relief or restrain, abate or cause the correction of such violation.
    4. To institute criminal proceedings. (Ord. 313-08, 6-9-2008)

10-14A-1 Approval Required

Prior to the construction or conversion of any building to be used as a condominium, the plat map, the bylaws and the declaration therefor shall be submitted to and be approved by the City in conformance with the procedures, requirements and standards contained herein. (Ord. 313-08, 6-9-2008)

10-14B-1 Report Of Property Condition

  1. As an element of any application for a condominium which includes the conversion of existing structures, the owner or developer shall submit a report of property condition which is intended to ensure that the standards of the declaration appropriately address existing and future conditions related to maintenance, upkeep and operation. The report of property condition shall be submitted on a form provided by the City and shall contain the following information:
    1. The age of the building or buildings with copies of original building plans and a disclosure of whether or not the actual building conforms to the plans.
    2. Condition of structural elements, including roof, foundations, walls, mechanical systems, electrical systems, plumbing system and heating system. A plan showing which parts of the system are maintained in common and which are maintained by individual units.
    3. Size of water service lines from meter to main and from meter to building or buildings.
    4. Size and location of sewer lateral.
    5. Capacity of electrical service for each unit, measured in amps.
    6. Condition of paving materials on private streets, if any.
    7. Condition of paving or surfacing material on driveways, parking areas, sidewalks, curbs, etc. Detailed plan of parking and traffic circulation.
    8. Condition of paint and/or exterior surfaces of all buildings and structures.
    9. All known conditions constituting deficiencies.
    10. All known conditions which may require repair or replacement within the next succeeding five (5) year period.
  2. The above report may be referred back to the applicant by the City for additional detail as is necessary to adequately evaluate the physical conditions of the building, equipment and premises. (Ord. 313-08, 6-9-2008)

10-14B-2 Report Of Building Official

  1. At the time of submission of an application for a condominium which involves the conversion of any existing buildings, the applicant shall secure an inspection from the building official for the proposed condominium project to determine compliance with the life safety provisions of the International Building Code as adopted by the City.
  2. Prior to Planning and Zoning Commission consideration of a condominium project involving conversion of existing buildings, the applicant shall submit the building official's report specifying any deficiencies of life safety standards of the International Building Code which are found to exist in the project. This report shall be submitted to the Administrator as an element of the "Report of Property Condition". (Ord. 313-08, 6-9-2008)

10-14B-3 Tenant Notice Of Conversion

As part of the application for approval of a condominium project, when said project involves the conversion of an existing structure where the structure has been occupied by tenants prior to application for conversion, the owner/developer shall provide notice of intended conversion to said tenants by certified mail. This notice requirement shall not apply to structures that were vacant upon acquisition and remained so during the year prior to filing of the developer's application for conversion, nor shall it preclude the approval of a project prior to the expiration date where every tenant has executed a waiver relinquishing his or her right of notice under this section. The notice of conversion shall include the following:

  1. The intention and plans for conversion of the building to a condominium project.
  2. The estimated dates of termination of occupancy by tenants, which shall not be less than ninety (90) days from the date of notice, and an indication of the approximate dates of construction, which shall not be less than one hundred twenty (120) days from the date of notice.
  3. Relocation information for the tenants specifying available alternative housing relocation resource agencies and organizations and a plan of any services to be voluntarily provided by the owner/developer. (Ord. 313-08, 6-9-2008)

10-14B-4 Submission Of Notice Verification

Prior to or in conjunction with submission of documentation for certification and recording, the owner or developer shall submit to the Administrator a copy of said notice, together with a list identifying names and apartments or unit numbers for all tenants within the condominium conversion project. The notice, copy and list shall also be accompanied by an affidavit certifying that all tenants within the condominium project have been personally delivered a copy of the notice or mailed said notice by registered, certified mail, and that the same were in fact delivered. The plat map shall not be recorded until said copy of the notice, list and affidavit have been received by the Administrator and filed with the City Clerk-Treasurer. (Ord. 313-08, 6-9-2008)

10-14B-5 Protest Review Procedure

  1. When a tenant of a residential dwelling has received written formal notice of eviction without cause and without at least ninety (90) days' notice of conversion required herein and has reason to believe that notice was issued because of a proposed condominium project, he may, within thirty (30) days of the date of the notice of eviction, initiate an appeal regarding the issue of proper notice to the City Council on a form provided by the City Clerk-Treasurer. The filing of such a protest shall stay the issuance of any approval or issuance of any permits for the structure in question for a period not to exceed thirty (30) days, and the matter shall be set for hearing before the City Council.
  2. Upon filing, a copy of the appeal form shall be forwarded to the Valley Adams Regional Housing Authority for relocation advice and assistance. Said agency may, within ten (10) days, forward to the City Council a statement of its report and recommendation.
  3. Upon filing of an appeal, the City Clerk-Treasurer shall institute an investigation to determine if the notice requirements set forth herein were satisfied. He shall then report his findings to the City Council.
  4. The City Council shall fix a reasonable time for the hearing of the appeal, give due notice to the appellant and to the owner/developer of the condominium project and shall, at said hearing, review said appeal, together with agency and department reports, recommendations and related permit or subdivision applications. The City Council shall decide the same within thirty (30) days from the date of filing of the appeal.
  5. The City Council may impose conditions relating to the terms and conditions upon which the project will be approved which may include suspension of approval pending preparation and implementation of a reasonable relocation plan or services for tenants who have not been given proper notice or denial of the application, in which event, the owner/developer may not reapply for twelve (12) months from the date of denial. (Ord. 313-08, 6-9-2008)

10-14C-1 Minimum Standards Required

To achieve the purposes and objectives of this chapter, all proposals for a new condominium development shall be made pursuant to the provisions of this chapter. Where the provisions of this chapter cannot reasonably be complied with in the case of condominium conversions due to the design and location of existing structures and/or roads, the Planning and Zoning Commission may waive some or all of these provisions. The standards and criteria contained herein are intended to provide assurances that the geographical layout of the project is accomplished in a manner which is attractive and is not detrimental to the functioning of the project or surrounding areas and that the contents of the declaration assure proper operation, construction, maintenance and upkeep of all utilities, facilities, recreation areas, roads and parking areas within the development. In addition to the requirements specified in this chapter, condominiums shall comply with all applicable requirements of this title and the subdivision ordinance. (Ord. 313-08, 6-9-2008)

10-14C-2 Parking Requirements

  1. Each unit in a condominium development shall conform to the parking provisions in this title.
  2. In addition to any other parking requirements, at least one space per four (4) dwelling units for recreational vehicles, trailers and boat storage shall be provided. These spaces may be owned in common or by the Homeowners' Association. If conditions within a condominium conversion preclude compliance with this requirement, a provision shall be placed in the bylaws or declaration precluding the parking of recreational vehicles, trailers and boats within the condominium development, and such preclusion shall be strictly enforced by management.
  3. The required front and side yards which face upon a public street shall not be used for vehicular parking, but shall be landscaped with lawn and appropriate plants and shrubs as indicated on the approved final development plans. (Ord. 313-08, 6-9-2008)

10-14C-3 Utilities

  1. Each condominium unit within a development shall be separately metered for electricity and water unless the declarations provide for the Homeowners' Association to pay the cost of services and prorate those costs to the unit owners on an equitable basis. Such declaration must disclose to the unit owners that nonpayment of utility bills by the association may result in the loss of utility service.
  2. Each unit shall be provided with readily accessible individual shutoff valves, safety devices or switches for water and electrical services. (Ord. 313-08, 6-9-2008)

10-14C-4 Mechanical And Heating Requirements

  1. Each condominium unit shall be equipped with its own heating system, except where a central water or steam system is present.
  2. Each condominium unit shall be provided with its own means of controlling temperature in that unit when the building utilizes a central heating plant.
  3. All mechanical work and repairs shall be completed under a permit and shall comply with all applicable Building, Health and Fire Codes. (Ord. 313-08, 6-9-2008)

10-14C-5 Geographical Layout

  1. Single Ownership: The area proposed for a condominium development shall be in one ownership during development to provide for full supervision and control of said development and to ensure conformance with these provisions and all conditions imposed upon the preliminary and final development plans.
  2. Area: Condominium development shall have an area greater than five (5) acres. However, the Planning and Zoning Commission may consider developments less than five (5) acres if the development is guided by a total design plan in which three (3) or more of the following development standards are applied or varied to allow flexibility and creativity in site design, building design and location.
    1. Development: The Planning and Zoning Commission may require arrangements of structures, open spaces, landscaping, buffering and access within the development as necessary. The commission may require specific setbacks, a lower residential density, a height limitation and/or a similar type of land use as adjoining land. These criteria shall be used by the commission to assure that adjacent properties will not be adversely affected by the development and that the development will be compatible with the land used in the surrounding area.
    2. Construction Materials: Quality exterior materials including brick, stone, stucco or other materials of high quality, durability and low maintenance may be provided, as accepted by the Planning and Zoning Commission.
    3. Interior Amenities: Quality interior provisions, including amenities such as fireplaces, vaulted ceilings and in-unit washer/dryer hookups.
    4. Fencing: Exterior fencing shall include architecturally designed brick or block fences, wrought iron fences, structural wood fences, vinyl fences or a combination of these materials.
    5. Parking: Covered parking and/or garages may be required for all units.
    6. Pedestrian And Bicycle Paths: Where appropriate, the internal circulation system shall provide pedestrian and bicycle paths that are physically separated from vehicular traffic to serve residential, nonresidential and recreational facilities in or adjacent to the development.
    7. Privacy: Each development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, insulation, walks, barriers, landscaping and sound reducing construction techniques shall be used for the enhancement of property and the privacy of its occupants.
    8. Landscaping And Lighting: The development site may be landscaped and should be composed of natural landscaping elements, including lawn, shrubs, ground covers and a combination of evergreen and deciduous trees. Exterior lighting shall be "shaded" to keep light on site and be adequate to allow residents to move about the common areas safely.
    9. Home Owner's Association: The development may be approved subject to the submission and approval of legal instruments setting forth a plan or manner of permanent care and maintenance of all common open space and other facilities provided in the final development plan. No such instrument shall be acceptable until approved by the City Attorney as to legal form and effect and the Planning and Zoning Commission as to suitability for the proposed use of the common open space and subject facilities.
    10. Recreational Amenities: Each development may provide recreation or site amenities, including, but not limited to, clubhouse, pool, tennis courts, sport courts, playgrounds, play fields and nature areas.
    11. Storage Space: Enclosed, secure storage space for the storage of bulky goods shall be provided for each unit within the project in an amount equal to one cubic foot of storage for each four feet (4') of gross floor space area of the unit. The minimum clear dimensions of any such space shall not be less than six feet by six feet by eight feet (6' x 6' x 8'). The space provided is in addition to the bathroom, bedroom, linen or kitchen cupboards and closet space normally expected within each unit.
    12. Laundry Facilities: Either laundry facilities shall be provided within the individual units or an adequate number of washers and dryers to meet the needs of future tenants shall be provided within the common areas of the project.
  3. Preparation Of Plans: The final development plans shall be prepared by a design team composed of an architect, a landscape architect and an engineer, all licensed in the State of Idaho.
  4. Dedication And Improvement Of Streets: Dedication and improvement of streets shall be made in accordance with the Transportation Plan of the City, the Planning and Zoning Commission and the City Council to serve the vehicular and pedestrian needs of the proposed development and the City. Said streets shall be constructed to standards set forth by the City for various classes of streets and shall be dedicated to the City as public streets.
  5. Location Of Dwellings And Structures: Dwellings and permitted structures shall be located as approved in the final development plans. Locations and arrangements of buildings on the lot should be accomplished in a manner that will best utilize the lot area and create an attractive living environment. The following shall be considered as minimum requirements as they apply:
    1. Garages with entrances facing directly on public streets, whether in a front or side yard, shall be set back at least twenty feet (20') from such streets.
    2. Residential setbacks shall be maintained along the peripheral property lines of the planned development.
    3. In those instances where a proposed condominium development will front upon one or more existing streets, the setback from the street shall be equal to that required by the most restrictive zoning on property immediately adjacent along the same street frontage.
  6. Open Space And Recreational Facilities: Each project shall meet the following standards for open space and recreational areas:
    1. Open space shall be provided and shall not be less than forty percent (40%) of the site area in residential condominiums which contain multiple unit structures having three (3) or more units per structure. The required open space shall be land areas that are not occupied by buildings, structures, parking areas, streets, alleys or required setbacks. Said open space shall be devoted to landscaping, preservation of natural features, patios and recreational areas and facilities. Reduction may be made to this percentage of required open space by the Planning and Zoning Commission upon showing that the open space in the site area will provide additional amenities which will substantially meet the needs of future residents.
    2. Common open space shall comprise at least fifty percent (50%) of the required open space and shall be so designed for uses including, but not limited to, recreational, park or environmental amenities for common enjoyment and use by all residents.
    3. Open space in commercial and industrial condominiums shall be not less than fifteen percent (15%) of the total site. Reduction may be made to this percentage of required open space by the Planning and Zoning Commission if it can be demonstrated that the proposed plan will still achieve the objectives of this chapter.
    4. Preservation, maintenance and ownership of required open space within the development shall be accomplished by granting the City a permanent open space easement on or over the said private open space to guarantee that the open space remain perpetually in recreational use with ownership and maintenance being the responsibility of the owner or an owner's association established with articles of incorporation and bylaws which are satisfactory to the City. (Ord. 313-08, 6-9-2008)

10-14C-6 Construction Limitations

  1. Upon approval of a condominium development, construction shall proceed only in accordance with the plans and specifications, with any conditions as approved by the Planning and Zoning Commission and City Council.
  2. Amendments to approved plans and specifications for a condominium development shall be approved by the Planning and Zoning Commission and City Council and shown on the approved plans.
  3. The building official or any other City department shall not issue any permit for any proposed building structure, activity or use within the project unless such building, structure, activity or use is in accordance with the approved development plan and any conditions imposed in conjunction with its approval. (Ord. 313-08, 6-9-2008)
10-14A-2-1 Preliminary Application

The owner or developer of a proposed condominium project desiring approval shall file an application with the Planning Administrator on a form prescribed by the City. Said application shall be accompanied by:

  1. Six (6) copies of a preliminary plat, accurately drawn to scale, which shall be prepared by an engineer or land surveyor licensed and registered in the State of Idaho. The scale of said plat shall be no smaller than one inch equals fifty feet (1" = 50'). The preliminary plat map should conform in all respects to the City subdivision ordinance.
  2. Six (6) copies of a site plan, prepared to the same scale as the plat map, designating the location of buildings, present and needed utilities and irrigation ditches, and intended uses of common areas, the location of utility lines and easements and the location and extent of storage, recreational facilities, parking, driveways, pedestrianways, curbs, walls, fences, landscaping, snow storage areas and sprinkling systems.
  3. Four (4) copies of the proposed condominium declarations and bylaws.
  4. Where conversion of an existing building is proposed as part of the condominium project, a property report containing the information specified in this chapter shall be submitted as part of the application, together with a plan for all proposed improvements and repairs.
  5. Proof of notice to the tenant shall be submitted prior to final condominium approval.
  6. Fees shall be submitted with an application in amounts as established by City Council resolution. (Ord. 313-08, 6-9-2008)
10-14A-2-2 Preliminary Evaluation

The Planning Administrator shall check the preliminary application for general compliance with these regulations, design standards and other applicable ordinances. If the application is not complete or not in general compliance, the Administrator shall notify the declarant and specify the respects in which it is deficient. If the submission is complete and in general compliance, the declarant shall transmit the requested number of copies of the development plans, together with the accompanying data, to such public agencies and utilities as may be concerned. Each of the public agencies and utilities may forward to the Administrator a written report of its findings and recommendations. These agencies shall include, but not necessarily be limited to, Southwest District Health Department, Idaho Power Company, Meadows Valley Rural Fire Protection District, Frontier Telephone Company, Cable One TV, New Meadows Public Works and the Meadows Valley Public School District. (Ord. 313-08, 6-9-2008)

10-14A-2-3 Action By Planning And Zoning Commission And City Council
  1. Planning And Zoning Commission: Within a reasonable time after the filing of a condominium application, the Planning and Zoning Commission shall act thereon. If the Planning and Zoning Commission finds that the proposed development complies with the requirements of this chapter and that it is satisfied with the development plans, it shall recommend approval, or approval with conditions, of the application. If the Planning and Zoning Commission finds that the proposed development does not meet the requirements of this chapter, or other applicable ordinances, it shall recommend disapproval of such development or ask the applicant to meet the requirements and begin the process over.
  2. City Council: Upon receipt of the commission's recommendation and the preliminary application, the City Council will review the application, the commission's recommendation and applicable regulations in their deliberation toward preliminary approval, approval with conditions or denial. The City Council may require the drafting of a development agreement outlining the responsibilities and expectations of the applicant and the City pursuant to the project. (Ord. 313-08, 6-9-2008)
10-14A-2-4 Notification Of Approval

The Administrator shall notify the declarant in writing of the actions taken by the City Council. One copy of the plan and accompanying conditions, if applicable, and the minutes of the City Council meeting shall be retained in the permanent files of the City. Notification of affirmative action by the City Council shall be authorization for the declarant to proceed with the preparation of specifications for the improvements required by City ordinances and with the preparation of final plans. (Ord. 313-08, 6-9-2008)

10-14A-2-5 Effect Of Approval

Approval of the preliminary application shall in no way relieve the declarant of the responsibility to comply with all required conditions and ordinances and to provide the improvements and easements necessary to meet all City standards. (Ord. 313-08, 6-9-2008)

10-14A-3-1 Final Evaluation

The Administrator shall check the final application for completeness and general compliance with this chapter and for incorporation of any changes required during the preliminary approval procedure. If the submission is not complete, not in general compliance or does not incorporate required changes, the Administrator shall notify the declarant and specify the respects in which it is deficient. If the submission is complete and incorporates required changes, the Administrator shall refer the application to the Public Works Department and other applicable agencies for their approval or direct the applicant to secure such approvals. (Ord. 313-08, 6-9-2008)

10-14A-3-2 Action By Planning And Zoning Commission
  1. Upon receipt of the final plans, which will include the development agreement if required and a final plat, the Planning and Zoning Commission shall examine the plans to determine whether they conform to the preliminary plans, with all changes requested and all requirements imposed as conditions of acceptance.
  2. If the Planning and Zoning Commission determines that the plans are in conformity therewith, it shall recommend approval of the final plat. If the Planning and Zoning Commission determines that the final plans do not conform to the preliminary plans as approved, it shall advise the declarant of the changes or additions that must be made for approval.
  3. The declarant shall be responsible for notifying the Administrator that the application is ready to go to the City Council for final plat approval. If such notification is not given within twelve (12) months from the date of final approval by the Planning and Zoning Commission, such approval shall be null and void. This time period may be extended for up to twelve (12) months if the applicant petitions the Planning and Zoning Commission for an extension prior to the expiration date and shows justifiable cause for the extension. Only one extension shall be granted. (Ord. 313-08, 6-9-2008)
10-14A-3-3 Action By City Council
  1. Within thirty (30) days following the receipt of the Planning and Zoning Commission recommendation and completed final plans, the City Council shall consider the application and any offers of dedication.
  2. If the City Council determines that the plans are in conformity with the requirements of this chapter and other applicable ordinances and that it is satisfied with the plans of the development and offers of dedication, it shall approve the plat and plans. If the City Council determines that the plans are not in conformity with the requirements of this chapter, other applicable ordinances, any reasonable conditions imposed, or if it shall reject any offer or offers of dedication, it shall disapprove the plan specifying reasons for such disapproval.
  3. Within one year after the City Council has disapproved any plan, the applicant may file with the Administrator a plan altered to meet the requirements of the City Council. No final plat or plans shall have any force or effect until the same has been approved by the City Council. (Ord. 313-08, 6-9-2008)
10-14A-3-4 Performance Bond

Bonding shall be required as specified in the City subdivision ordinance when any public improvements are required in conjunction with a new condominium project or with a condominium conversion. (Ord. 313-08, 6-9-2008)

10-14A-3-5 Recording Final Plat

After City Council approval, completion of the development agreement and bonding agreement, completion of the required public improvements, City Council acceptance of the public improvements and the proper signing of the final plat, the applicant shall present the final plat to the Adams County Clerk for recordation. The applicant shall provide the City two (2) copies of the recorded final plat. (Ord. 313-08, 6-9-2008)

10-14A-3-6 Expiration Of Final Plat Approval

If the requirements set forth in section 10-14A-3-5 of this chapter are not met by the applicant within six (6) months from the date of City Council approval, such approval shall be null and void. (Ord. 313-08, 6-9-2008)