120.03(A) Criteria required. In those cases where a Homeowners’ or condominium
desire to transfer a
to the , the
, shall provide the with sufficient written documentation demonstrating that the property meets each of the following criteria:
120.03(A)(1) The property must abut an existing
or property currently owned by the
;
120.03(A)(2) The property and improvements must currently be in compliance with the Comprehensive Plan, all applicable
provisions, ordinances and
policies;
120.03(A)(3) The property must currently be in compliance with a new or approved site plan;
120.03(A)(4) All improvements on the property must have, at a minimum, ten Years of remaining useful life;
120.03(A)(5) If the property is served by an existing common service (
, electric, water,
, etc.) provided from
, it must be connected with an existing or new service on
property or a
(any such reconnection must be completed prior to transfer at the
’s expense);
120.03(A)(6) If the property includes any paved
, the
drainage must be into a
owned system;
120.03(A)(7) A financial and operating analysis by the
must show that accepting the property will not have a material negative impact on the
;
120.03(A)(8) A Phase 1 environmental report must be submitted showing no contamination on the property;
120.03(A)(9) An opinion of counsel, acceptable to the
, must be submitted showing that the
has complied with all requirements of any homeowners’ documents for the transfer of such property;
120.03(A)(10) Any provision of the homeowners’ documents notwithstanding, the transfer must be approved by at least 66% of the
in the
; and
120.03(A)(11) The
shall provide the
with an agreement acceptable to the
to indemnify, defend, and hold harmless the
, its officers, agents, and employees, from and against any and all claims, suits, actions, damages, liabilities, expenditures, or causes of action of any kind arising prior to the transfer to the
.
120.03(B) Approval by
. Any transfer of
to the requires the approval of the .
120.03(C) Deed requirement. If approved by the , any such transfer shall be in a form acceptable to the .
120.03(D) Maintenance bond required for equipment transfer. If any equipment on or under the property is transferred, the
must provide the with a one cash maintenance bond, in a form acceptable to the , covering the equipment in an amount determined by the .
120.03(E) Cost recovery deposit. All applications for transfer of
to the shall be subject to cost recovery to cover the amounts expended by the in consideration of the application and must be accompanied by a cost recovery deposit. The amount of the cost recovery deposit shall be set and amended by resolution of the .
(Ord. 2010-19, passed 10-4-2010)