(A) Generally. In a condominium development, individual owners hold title to the interior of their unit and all owners own the common areas of buildings and property together. The following information must be adhered to and submitted in order to have an application for a special use permit considered by the Board of Aldermen.
(B) Density. See Table 5-1, Dimensional Requirements for square footage requirements applicable to each zoning district where condominium developments are permitted.
(C) Development plan. A plan of the proposed development shall be submitted containing the following elements:
(1) Approval of NTBFD The unit designation of each unit and a statement of its location, approximate area, number of rooms and immediate common area to which it has access and any other data necessary for its proper identification;
(2) Meet maximum impervious surface limit. Description of the general common areas and facilities as defined in the North Carolina Unit Ownership Act, being G.S. Ch. 47A and the proportionate interest of each unit owner therein;
(3) Require central sewer and central water. Location and amount of open space and recreation area which shall be a minimum of 10% of the area of the development minus any undevelopable land;
(4) Description of all boundary lines between portions of the structures designed for different ownership;
(5) Description of all garages, balconies, patios and the like, which form a part of each unit;
(6) Description of any special common areas and facilities stating what units shall share the same and in what proportion;
(7) Proposed provision for storm drainage and sanitary sewer, approved by a state certified registered engineer;
(8) Public or private easements or rights-of-way adjoining or intersecting the property;
(9) Proposed solid waste storage facilities and description of screening;
(10) Proposed water system and firefighting facilities such as hydrants or sprinkler connections;
(11) Types of surfacing, slope, grade and cross section of drives, sidewalks and the like (private streets shall be designed to assure proper access and turn around for service and emergency vehicles);
(12) The location and amount of parking spaces pursuant to Table 6-5, Parking Requirements;
(13) Landscaping and screening: a landscaping plan showing buffers between any residential districts as well as perimeter landscaping for the development. Also, location and heights of all fences and walls;
(14) Lighting plan: all lighting shall be directed away from residentially zoned areas. The location and height of all lighting shall be shown;
(15) All plans showing utility construction details must meet the current specifications of the town;
(16) Size and proposed location of any signs along the public street;
(17) All existing buildings and structures within 100 feet;
(18) Setbacks from public street rights-of-way shall be the same as required by the zoning district where the development is located; and
(19) No declaration and plan shall be recorded until all final boundary descriptions have been added to the plan and approved by the Zoning Administrator.
(D) Timing. Proposed schedule of development likely to be followed.
(E) Legal documentation. The applicant shall submit the following documents which shall be reviewed by the Zoning Administrator and approved by the Board of Aldermen before the final plat is recorded with the Register of Deeds.
(1) Declaration of covenants, conditions and restrictions. This declaration shall be a complete legal document establishing a unit ownership development as prescribed in the North Carolina Unit Ownership Act. It shall also contain proposed restrictions and covenants for the common area and residential sites. No unit shall be conveyed until the declaration and plan have been reviewed by the Planning Director and approved by the Board of Aldermen and recorded in the Office of the County Register of Deeds along with the final plat.
(2) Articles of incorporation of homeowners association.
(a) Before the final plat is recorded, the developer shall submit a copy of the articles of incorporation of the homeowners association, along with evidence that the articles have been filed and approved by the Secretary of State. The articles shall require membership in the association for each original purchaser and each successive purchaser of a residential site or unit. The articles shall also provide for control of the development by the homeowners association when over 50% of the dwelling units are sold.
(b) The homeowners association shall be responsible for payment of premiums for liability insurance, local taxes, maintenance for recreational and other facilities located on the common areas, payment of assessments for public and private capital improvements made to or for the benefit of the common areas, maintenance and repair to the exterior of all attached residences located within the development or other common area facilities. The homeowners association shall be empowered to assess owners of residential sites within the development for the payment of these expenditures, and any such assessment not paid by the owner shall constitute a lien on the residence of the owner.
(c) It shall be further provided that upon default by the homeowners association in the payment to the governmental authority of any ad valorem taxes levied against the common areas or assessments for a period of six months, then each owner of a residential site in the development shall become obligated to pay to the taxing or assessing governmental authority a portion of such taxes or assessments in an amount determined by dividing the total taxes and/or assessments due to the governmental authority by the total number of residential sites in the development. If the sum is not paid by the owner within 30 days following receipt of notice of the amount due, then the sum shall become a continuing lien on the residence of the then owner, his or her heirs, governmental authority may either bring an action at law against the owner obligated to pay the same or may elect to foreclose the lien against the residence of the owner.
(3) Bylaws of homeowners association. The bylaws of the homeowners association shall provide for annual meetings, election of officers, an annual budget showing monthly assessments set at a sufficient level to insure success of the association, and an annual financial accounting distributed to all members.
(Ord. passed 11-2-2011)