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(A) The Commission and Mayor and Council shall review the final plat submittal for the condominium and make their determination for approval, approval with conditions or denial based on the requirements and procedures indicated in the subdivision regulations, and subject to the following:
(1) That the proposed condominium subdivision conforms to the adopted goals, objectives and policies of the city;
(2) That the proposed condominium subdivision will not be detrimental to the public health, safety, and general welfare;
(3) That the proposed condominium subdivision is consistent with the provisions and intents of the Zoning Code, as applicable to the property; and
(4) That the proposed condominium subdivision conforms to the design standards set forth in this Chapter and other applicable city, county, state and federal regulations.
(B) After the applicant has received the required approvals, the final plat for the condominium development may be submitted to the Development Services Director for recording.
(1) Time limit. The applicant/subdivider shall have 6 months from the date of approval by the Council to submit all required materials and to demonstrate all conditions have been met.
(2) Copies. Three (3) reproducible sets of the final plat shall be submitted to the Development Services Director.
(3) Fees. All development fees for subdivision and recording shall be received prior to the recording of the final plat. Recording fees shall be made payable to the appropriate County Recorder.
(4) Conditions, covenants and restrictions ("CC&Rs"). The subdivider shall submit 2 copies of the deed restrictions that describe the responsibilities of the unit owners for maintaining common areas and facilities and all other pertinent information and requirements as applicable.
(5) The Director or his or her designee may require an applicant to adhere to all preliminary plat requirements during the final plat process, such as, but not limited to, establishing an HOA and including CC&Rs in its deeds setting forth the perpetual obligation to financially contribute for the maintenance of all community areas such as private roads, pools, and playground and recreational areas.
(C) Assurances. Any assurances required for improvements in accordance with these regulations shall be received and approved prior to recording of the final plat.
(D) Certificate of occupancy. After recording of the final plat the applicant may then apply for certificate(s) of occupancy for the newly created condominiums from the Development Services Department and sell the units as condominiums in accordance with the requirements of the State of Arizona Department of Real Estate.
(Ord. 1503, passed - -2021)