(A) General. The Council shall not refuse approval of a final plat of a project described as a condominium under provisions of this Chapter because of location of buildings on the property shown on the plat and not in violation of this Chapter or on account of the manner in which airspace is to be divided in conveying the condominium. Fees and lot design requirements shall be computed and imposed with respect to such plats on the basis of parcels or lots on the surface of the land shown thereon as included in the project. Plats of such projects may be based on building footprints but, as per state statute, they do not need to show the buildings or the manner in which the buildings or airspace above the property are to be divided. This division does not limit the power of the Council to regulate the location of buildings in such a project by or pursuant to a zoning ordinance.
(B) New condominium development. New condominium development shall be subject to the standard procedures and requirements for development, as established by the city, including compliance with zoning ordinances, building codes, design review and other applicable codes and ordinances.
(C) Condominium conversion. Condominium conversion of existing development shall be subject to final plat approval by the Commission and Council.
(1) Disclosure report requirements. The subdivider shall submit an affidavit stating that the units to be converted meet the applicable standards of the Building Code, and City Code. Any subdivider who files a final plat for a condominium, cooperative, community apartment, townhouse development, or manufactured home subdivision, whether for the purpose of new development or the subdivision of an existing development, shall submit a copy of a report on the physical condition of all buildings, structures, and other improvements to the property to be subdivided prior to approval of a final plat by the Mayor and Council. This report shall be made available by the subdivider to all prospective purchasers of the initial condominium units prior to execution of a binding contract of purchase. The disclosure report shall be recorded with the appropriate County Recorder at the same time as the final plat. The report shall contain the following:
(a) A report describing the physical condition of elements of the structure, equipment, or appliances in a unit, the repair or replacement of which will be the responsibility of the purchaser. The report shall state the approximate date on which the element, equipment, or appliance was originally constructed or installed; the approximate date on which it was subsequently replaced or will likely require replacement; and the current estimated cost of replacement;
(b) This report shall not be construed to create any warranties, express or implied;
(c) A report containing information to be obtained from the fire district describing the extent to which the buildings and structures to be converted by the plat submitted by the subdivider deviate from applicable requirements of the fire code, and the city code in the following specified areas of fire safety:
1. Accessibility of buildings and structures to fire-fighting equipment; and
2. Proximity and frequency of fire hydrants; and
3. Description of the building construction rating for "party walls" and fire barriers between units.
(d) A statement of the estimated fees or assessments, if any, that the purchaser of a unit will pay, on a monthly and yearly basis, for at least a 2 year period following purchase; and
(e) A report from a licensed pest control operator on each building or structure and each unit within the building or structure. A statement of the unit's average monthly utility costs, including water, sewer, trash collection, electricity and natural gas, based on the preceding 12 month period, where the subdivider has access to such utility cost data.
(2) Certificate of occupancy. Prior to final plat approval, evidence of building permits and/or certificate of occupancy for the original construction must be submitted or the applicant must provide plans of the site with the water distribution system and wastewater drainage system shown on as-built plans "signed and sealed" by an Arizona registered professional engineer. Copies of the required Arizona Department of Environmental Quality ("ADEQ") application for such may be submitted to fulfill this requirement. The professional registrant shall also submit a "signed and sealed" statement that indicates that the existing systems are properly installed and located as per building safety requirements. The statement shall indicate the year the structure was built, the building codes in effect at the time of construction completion, if known, and the results of independent testing of the "party walls" or fire barriers between units. Independent testing of at least 10% of the units in the overall project, including at least 1 unit in each separate building shall be required. This may require some site investigation by contractors to verify sizes and locations of systems and the physical condition of building components. The results shall be provided for the Building Official to review at the time the applicant applies for final plat approval.
(Ord. 1503, passed - -2021)