(a) Intent. Pursuant to the authority conferred by the Condominium Act, site condominiums and condominium projects shall be regulated by the provisions of this Ordinance and approved by the Planning Commission.
(b) General Requirements.
(1) Each condominium lot shall be located within a zoning district that permits the proposed use.
(2) Each condominium lot shall front on and have direct access to a public street or a private street approved by City Council. Approval for a private street may be conferred by City Council prior to site plan approval by the Planning Commission. An approved private street shall comply with the same standards for public subdivision streets as set forth in Chapter 1226 of the General Ordinances.
(3) For the purposes of this section, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which it is located.
(c) Site Plan Approval Required. Approval of the site plan by the Planning Commission shall be required to construct, expand or convert a condominium project.
(1) Site Plan Approval.
A. A site plan pursuant to the standards and procedures set forth in Section 3.04 shall be submitted to the Planning Commission for review.
B. In the interest of insuring compliance with this Ordinance and protecting the health, safety and welfare of the residents of the City, the Planning Commission, as a condition of approval of the site plan, shall require the applicant to deposit a performance guarantee as set forth in Section 3.09 for the completion of improvements associated with the proposed use.
(2) Condominium Document/Engineering Plan Approval.
A. Following site plan approval, the applicant shall submit the condominium documents to the City Attorney and other appropriate staff and consultants for review. The condominium documents shall be reviewed with respect to all matters subject to regulation by the City, including, without limitation: ongoing preservation and maintenance of drainage, retention, wetland and other natural and/or common areas; maintenance of private roads if any; and maintenance of stormwater, sanitary and water facilities and utilities. All review comments shall be submitted to the City Attorney, who shall compile the findings.
B. Following receipt of site plan approval, the applicant shall also submit to the Zoning Administrator engineering plans in sufficient detail for the City, along with appropriate consultants, to determine compliance with applicable laws, ordinances and standards for construction of the project. All review comments shall be submitted to the Zoning Administrator, who shall compile the findings.
C. Condominium documents and/or engineering plans shall conform to the site plan approval by the Planning Commission. No permit shall be issued until the Condominium documents and Engineering Plans have been approved by the City.
(d) Information Required Prior to Occupancy. Prior to the issuance of occupancy permits for any condominium units, the applicant shall submit the following to the City:
(1) A copy of the recorded condominium documents (including any exhibits);
(2) A copy of any recorded restrictive covenants;
(3) A copy of the site plan on a mylar sheet; and
(4) Evidence of the completion of improvements associated with the proposed use, including two (2) copies of an "as-built survey."
(e) Revision of the Site Condominium or Condominium Plan. If the site condominium or condominium subdivision plan is revised, the site plan shall be revised accordingly and submitted for review and approval or denial by the Planning Commission before any building permit may be issued, where such permit is required.
(f) Amendment of Condominium Documents. Any amendment to a master deed or bylaws that affects the approved site plan, or any conditions of approval of a site plan, shall be reviewed and approved by the City Attorney and Planning Commission before any building permit may be issued, where such permit is required. The Planning Commission may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the original site plan.