(a) Initial Investigation. It is suggested that the proprietor meet informally with the city staff to investigate the procedures and standards of the municipality with reference to this Condominium Ordinance.
The proprietor should concern himself/herself with the following factors:
(1) The proprietor shall secure a copy of the Zoning Ordinance, Condominium Ordinance and other similar ordinances or controls relative to the subdivision and improvement of land so as to make himself/herself aware of the requirements of the City of Parkersburg.
(2) The Averaged Lot Size, Open Space Plan, or Cluster Housing Option provisions outlined in the Planning and Zoning Ordinance may be applicable to certain types of conventional and/or site condominium developments.
(3) The area of the proposed condominium development shall be properly zoned for the intended use.
(4) Standards for sewage disposal, water supply and drainage of the municipality shall be investigated by the proprietor.
(b) Review Procedures for Site Condominiums. Following any initial investigations, the applicant for a site condominium development shall follow the process outlined in this section.
(1) Step One - Conceptual Plan Review: The proprietor may, prior to preliminary site plan submittal, present a conceptual representation of the entire proposed site condominium development to the city for information and feedback. The Planning Commission is not required to vote on the conceptual plan. The Subdivision Committee of the Planning Commission may give the proprietor preliminary recommendations on the proposed site condominium. Recommendations at this stage are meant to provide direction and shall not infer approval at later stages.
The Planning Director will set up an informal meeting with the proprietor and his/her guests with the various departments throughout the City for their recommendations.
A. The following items shall be included on a conceptual site plan at a scale of not more than 1 inch to 200 feet.
1. Lot sizes and lot dimensions
2. Street layout
3. Zoning of the property within the enclosed plat
4. Proprietor's name and address
5. Property boundary
6. Adjacent property and land use
7. Location map
8. Proposed phases
9. Existing natural features (wooded areas, flood Plain, wetlands, open water, streams, etc.)
10. Existing easements
11. General proposed utility information
12. Topographic survey plan (show existing ground contour lines) for the site and 100' beyond the property line. Contour lines are to be shown every two (2) feet.
13. All existing driveways and streets within one-hundred (100) feet of the site.
14. Plan shall otherwise comply with City of Parkersburg Design Standards and Specification.
B. The proprietor shall submit fifteen (15) copies to the Planning Division. The Planning Commission shall consider the proposed site condominium at the first Planning Commission meeting that is held at least forty-five (45) days after submission to the Planning Division if the Planning Director finds that Section 1357.07(b)(1)A.1-14 has been followed.
(2) Step Two - Preliminary Approval: The purpose of this step is to provide the proprietor with preliminary city approval prior to the proprietor producing construction drawings and obtaining construction permits. All information required for final approval shall be provided at this step, with the exception of the construction drawings and construction permits.
A. Information required on the site condominium plan submitted for tentative approval, at a scale not more than 1 inch to 200 feet.
1. All information required for conceptual plan review as listed in Section 1357.07(b)(1)A. 1.-14. of this article.
2. Survey and legal description of the property.
3. Name of the proposed development.
4. Name, address, phone number and e-mail address of proprietor and surveyor or engineer that prepared the plat.
5. Location map of site condominium.
6. Utility layout including connections to existing systems, pipe sizes, fire hydrant locations, sufficient sanitary and storm sewer inverts to insure adequate depth, storm detention/retention areas, storm sewer outlets and any proposed utility easements. Drainage calculations are not required at this state.
7. Proposed drainage shall be indicated by drainage arrows; drainage arrows should be sufficient to show preliminary drainage directions of the entire development.
8. Names of abutting subdivisions or site condominiums.
9. Street names, right-of-way, right-of-way widths and typical road cross sections.
10. Provide complete language for the master deed including the condominium by-laws.
11. Indicate all 100-year flood plain areas.
12. Indicate any wetland areas that are regulated by the West Virginia Department of Environmental Protection.
13. Required zoning setbacks.
14. Date and north arrow.
15. All parcels of land proposed to be dedicated to pubic use and conditions of such dedication.
16. Topographic survey plan (show existing ground contour lines for the site and 100' beyond the property line. Contour lines are to be shown every 2 feet.
B. The proprietor shall submit fifteen (15) copies of the site condominium plan to the Planning Division at least forty-five (45) days prior to the next Planning Commission meeting. Upon receipt, the Planning Director shall submit copies to members of the Municipal Planning Commission and shall make one (1) copy available to each appropriate city department, which shall review the site condominium plan and provide written comments to the Planning Commission at least three (3) weeks prior to the next meeting.
C. Planning Commission Preliminary Review of Site Condominium Plan.
1. Before making a recommendation on the site condominium plan the Planning Commission shall hold a public hearing, notice of which shall contain the date and place of hearing, and shall be sent by First Class Mail to the proprietor and taxpayers of records of land immediately adjacent to the proposed site condominium, at least seven (7) days prior to the hearing date.
2. The site condominium plan and any required accompanying data shall be reviewed by the Planning Commission for the purpose of checking its compliance with the Comprehensive Master Plan and other applicable city ordinances and specifications of this article.
3. The Planning Commission shall submit a written recommendation on the site condominium plan to the City Council. The Planning Commission shall either:
a. Recommend preliminary approval of the site condominium plan; or,
b. Set forth reasons for not recommending preliminary approval and the requirements for preliminary approval.
(3) Step Three - Final approval of Site Condominium Plan: This is the final approval stage prior to the proprietor constructing any proposed infrastructure.
A. The proprietor shall file with the Planning Commission the following, in compliance with these requirements and any other requirements stipulated in this Ordinance.
1. Approvals from:
a. West Virginia Department of Transportation (if the proposed site condominium includes or abuts roads under WVDOT jurisdiction).
b. West Virginia Department of Environmental Protection (if the land proposed to be developed abuts wetland, flood plain, lake or stream).
2. A mylar copy, an electronic copy, and fifteen (15) blueprint copies of the site condominium plan submitted for final approval containing all of the information required for preliminary approval (the electronic copy shall be retained by the City).
3. An agreement with the city consisting of a pro-forma/declaration deed restriction upon the site condominium whereby the Code Enforcement Division will not be permitted to issue a building permit for any structure upon any lot within said site condominium until the improvements as specified herein have been completed, or satisfactory arrangements have been made with the City for the completion of said improvements. These master deed restrictions shall be made a part of all deeds or contracts for any unit within the site condominium.
4. The proposed pro-forma/declaration deed, including by-laws, shall be submitted. Such restrictions shall not be in contradiction to those of the Zoning Ordinance or any other ordinance of the City. These restrictions shall become a part of the final recorded site condominium and shall be recorded along with the site condominium in the Wood County Clerk's Office.
B. City Council Final Approval of Site Condominium Plan.
1. The City Council shall make a determination on the site condominium plan at its next regularly scheduled meeting, or within twenty (20) days of the date of submission from the Municipal Planning Commission. The City Council shall either:
a. Give final approval to the site condominium plan; or,
b. Set forth reasons for not approving the site condominium plan and the requirements for final approval.
C. Construction Approval.
1. The proprietor may not record the condominium pro-forma/declaration deed and begin taking reservations on the proposed units until the City Council has granted final approval of the condominium plans and one of the following has occurred:
a. The proprietor has installed all improvements (roads, fire hydrants, sidewalks, etc.). The proprietor hall submit as-built engineering drawings, as required by this ordinance, and said drawings shall have been checked and approve for compliance with requirements contained in this ordinance, and any other specifications or standards adopted by other agencies with authority to approve site condominium improvements. The city may also require on-site construction observation by the city or its representatives.
b. The proprietor shall provide a bond, cash, certified check or bank letter of credit in the amount of the cost of installation of all improvements as a performance guarantee. The performance guarantee shall accrue to the city, and shall be in an amount equal to the total estimated cost for completing construction of the specific public improvement, including contingencies, based on an estimate by the City Engineer. The term length for which the performance guarantee is in force shall be for a period to be specified by the Planning Commission. If the performance guarantee is in the form of a bond, it shall be with a surety company authorized to do business in the State of West Virginia and acceptable to the City Planning Commission. The performance guarantee shall not be released to the proprietor until the proprietor has submitted as-built engineering drawings of the constructed improvements, as required by this article and said drawings of the constructed improvements have been checked and approved for compliance by the City Engineer or any other agency with authority to approve site condominium improvements.
2. Prior to the final acceptance by the City Council for the improvements, a two (2) year maintenance bond in an amount estimated by the City Engineer shall be posted by the proprietor.
3. City Council Approval.
a. Upon receipt of verification of approval of the requirements above, the Council shall take action upon said condominium plan in accordance with the requirements of this ordinance. In case of disapproval, the reasons for such action, shall by written communication, be transmitted to the Planning Director who shall direct communications to the proprietor of the disapproval. The proprietor shall, within a reasonable time, resubmit to the Planning Director any changes or alterations stipulated in the Council's action of disapproval. If the Planning Director finds that all disapproved reasons are met, then the Planning Director shall forward the changes to the City Council.
b. Upon approval the proprietor shall file said Municipal Planning Commission sealed plan, pro-rma/declaration deed, bylaws and other required information with the Office of the Wood County Clerk.
(Ord. 0-1344. Passed 5-12-09.)