§ 19-309. Final plat: Procedure for filing application for consideration of the City Council.

In order to be included on the agenda of the City Council, an application shall be in compliance with all of the following:

A.

Three (3) dark line prints of a final plat, neatly drawn, shall be submitted to the Public Works Department before 1:30 p.m. Monday, not less than thirty-one (31) days prior to the next City Council meeting.

B.

At the same time, there shall be submitted three (3) sets of the proposed plans and specifications in final form for all required public improvements.

1.

Prior to the installation and construction of the required public improvements within any subdivision, plans and specifications therefor shall be prepared by a registered professional engineer and submitted to the City through the Public Works Department. That department shall, if warranted after the examination and inspection of said plans and specifications, submit to the City Council, a report that, in its opinion, the plans and specifications comply with all current ordinances and standards applicable thereto. No installation or construction of any public utility or required public improvement shall be commenced without approved plans and specifications and permission from the Public Works Department.

2.

Three (3) sets of plans and specifications for all required public improvements shall be filed with the City through the Public Works Department for final approval. The Development Committee shall review and approve such plans prior to the consideration of the final plat by the City Council.

3.

City approval of public improvement plans for any required public improvement or any part thereof is null and void two (2) years from the date of approval unless said public improvements are under construction and will be completed within ninety (90) days. Plans for which approval has expired shall be resubmitted for review and current approval before any work is undertaken on the project and coincident with any consideration of the renewal of a corporate surety bond associated therewith; provided, however, this shall not preclude the City from instituting a legal action to recover under said corporate surety bond.

C.

In the instance where the means of sewage disposal is proposed by individual septic tank and filter fields, the final plat shall be accompanied by a copy of the Department of Environmental Quality Form Number 641-581B, entitled Report for On-site Sewage Disposal, or any applicable form which supersedes said form for each lot contained within the final plat. Said form shall be executed by a registered professional engineer or by a registered professional sanitarian.

D.

In the instance of where the means of sewage disposal is proposed by individual septic tank and filter fields, one (1) dark line print of the final plat denoting the location on each lot where percolation tests have been performed shall be filed with the application for approval of the final plat.

E.

In the case of a plat proposing the reserving or dedicating of land or amenities to be used in common by owners of lots in a single-family residential subdivision, or in the case of a plat or Norman Rural Certificate of Survey that contains any portion of the WQPZ, the applicant shall submit evidence acceptable to the City Attorney that all necessary steps have been taken for:

1.

The establishment of a mandatory Property Owner's Association ("POA") or establishment of another acceptable arrangement for adequate maintenance of the common elements and any designated non-structural controls for stormwater management. All mandatory POAs shall submit a Declaration of Covenants, Conditions and Restrictions (the "Declaration") which establishes a minimum framework that provides for the fair and effective administration of the POA and thereby assures the greater likelihood that the interests of the City and its citizens are secure and which include the following provisions:

(a)

A list of all common property in the plat, by legal description. A specific description of all of the common elements within the subdivision including any abutting arterial roadways, the uses allowed for each common element and a description of the person responsible for initially constructing or installing each common element and the responsibility for maintaining the common element after initial installation;

(b)

In those plats containing any portion of the WQPZ, a list of any non-structural controls located on the property.

(c)

Once the declarant no longer controls the association, the declarant shall provide to the board of directors the following:

(1)

All association books and records including minutes books and rules and regulations which may have been promulgated,

(2)

A statement of receipts and expenditures from the date of the recording of the association documents to the end of the accounting period immediately succeeding the first election of the board of directors by the home owners,

(3)

A copy of the latest available approved plans and specifications for all improvements in the project and as-built plans if available,

(4)

All insurance policies currently in force,

(5)

All unexpired warranties relative to any common improvements,

(6)

Any contracts in which the association is a contracting party, and

(7)

A list of manufacturers of paints, roofing materials, and other similar materials if specified for use on the association property. The POA shall keep detailed records of receipts and expenditures affecting the operation and administration of the POA. All financial books and records shall be kept in accordance with sound accounting principles applied on a consistent basis. Financial records must be made available to lot owners at reasonable business hours or at a mutually convenient time and location, within five (5) days after receipt of a written notice identifying the specific books and records of the POA requested to be reviewed;

(d)

A requirement for annual meetings of the POA, with prior notice of the time, place, and agenda sent to each registered member of the POA, by mail or electronically;

(e)

The POA shall have the power to impose and collect both annual and special assessments as well as capital reserves, and the ability to impose fines, penalties, and liens to ensure compliance with the terms of the declaration. The amount of the annual assessments or the methodology used to determine the amount and the manner in which changes in assessments are made must be disclosed. The developer shall provide a list of all of the capital components and their initial cost to the POA, and a statement from the developer's engineer or architect indicating the useful life of each such element. The POA shall maintain an annual "reserve assessment" equal to the initial cost of each component divided by the estimated number of years that each component is expected to remain useful, i.e. a ten thousand dollars ($10,000.00) component with a useful life of ten years would require that $1000 be included in each annual budget, divided equally by the number of members in the association.

(f)

During the declarant control period, the declaration may be amended as provided in the declaration. After the termination of the declarant control period, the declaration may be amended by the vote of three-fourths (¾) of the owners of the lots within the subdivision. Any amendment which attempts to convey ownership or maintenance of a common element to a person other than the person designated at the time of the approval of the final plat by the City Council must be approved by the City Council;

(g)

Before being recorded in the real property records of Cleveland County, any corrective amendment or supplement to the Declaration, including a correction of a mathematical mistake, an inconsistency or scrivener's error, a clarification of an ambiguity with respect to an objectively verifiable fact (including recalculating the liability for assessments) must be approved by the City Attorney. Any denial of a proposed amendment may be appealed to the City Council;

(h)

A statement that if the POA fails to maintain any common area that results in a code violation, the City shall have the right to perform corrective maintenance, after giving the POA thirty (30) days written notice and an opportunity to cure. The costs of said abatement are the responsibility of the POA and if such costs are not promptly paid, the City shall have the right to enforce such collection by all remedies available to the City at law or in equity; and

(i)

Builders are required to permanently post notice in a prominent place in all model homes, sales offices, and all open spaces larger than twenty thousand (20,000) square feet stating that a Property Owners Association has been established and membership is mandatory for all property owners. The builder or his agent must disclose that there is a mandatory association and shall provide a summary of the association documents specifically including the annual assessments and a five year projection of dues income and association expenses, including amounts required for reserves. A current summary must be provided to all purchasers at least fifteen days before closing.

(j)

All POAs must annually register with the City Clerk's office and provide a list of elected officers and their contact information or with the name and contact information for the agent or attorney of record for the POA. A fee of (twenty-five dollars) $25.00 shall be charged for the initial registration, and ten dollars ($10.00) for each renewal;

2.

The submission of the Declaration or other documentation which reflects any change from the terms initially approved for review by the City Attorney and approval by the City Council if any of the foregoing City interests might be involved; and

3.

The disposition of the common elements in the event of the dissolution of the POA.

F.

The final plat shall conform with the preliminary plat as approved by the City Council, and shall not include the rerouting of a collector street, a change in the relationship between uses of land, an increase in the number of lots by more than five (5) percent, or a change of specific elements of the preliminary plat. Plats failing to meet these requirements or other requirements of this chapter shall not be placed on the City Council agenda.

(Ord. No. O-7273-87; Ord. No. O-8384-78; Ord. No. O-9798-14; Ord. No. 0-0001-15; Ord. No. O-0809-15; Ord. No. 0-1011-52, § 3; Ord. No. 0-1213-32, § 1)

Editor's note

Section 1 of Ord. No. 0-1213-32, adopted March 26, 2013, amended and renumbered former § 19-308 as § 19-309.