Loading...
HomeMy WebLinkAboutZ-634-18 Amends Owner's Association Standards and Deinitions in the UDOSponsor: Councilors Campbell & Rider ORDINANCE Z-634-18 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance amending Owners' Association Standards and a variety of definitions in the Unified Development Ordinance. Synopsis: This ordinance adds a required inspection of common area improvements prior to a developer turning over control of the owners' association to property owners. This ordinance also amends a variety of definitions in the Unified Development Ordinance. WHEREAS, it is in the public interest that subdivision common area improvements are inspected prior to the transition of the board of directors of the owners' association from the developer to the property owners. WHEREAS, the City wishes to maintain an orderly, consistent and streamlined unified development ordinance by revising similar or deleting unnecessary definitions; and WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by resolution a comprehensive plan for the geographic area over which it has jurisdiction; and WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text of the unified development ordinance; and WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance D-2391-17, the Carmel Unified Development Ordinance is incorporated by reference into the Carmel City Code; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 18050014 OA having received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, July 17, 2018, it hereby adopts this Ordinance to amend the Carmel Unified Development Ordinance (Ordinance Z-625-17, as amended), to read as follows: Section I: Amend Section 7.20: Owners' Association Standards by adding Common Area Inspection requirements and amending Street Lighting requirements as follows: 7.20 OA -01: Owners' Association Standards D. Common Area Inspection: Before the developer transfers control of the owners' association under the Declaration of Covenants to the property owners, including control of a board of directors or other means of representation, the developer shall arrange for an inspection of all improvements not located on a platted lot or for which the owners' association has maintenance responsibility (a "Common Area Improvement"), including street trees. For purposes of this section, whenever another person or persons succeeds to the rights and liabilities of the original applicant, the term "developer" includes successors and assigns of the original applicant. 1. Inspection Requirements: Such inspection shall (i) be performed by an independent, licensed professional engineer or land surveyor selected and paid for by the developer, and (ii) determine whether each approved and/or committed Common Area Improvement has been completed and maintained and is currently in compliance with all applicable requirements of 08/10/2018 Ordinance Z-634-18 1 the City of Carmel, the Hamilton County Surveyor's office; and any other applicable governmental authority or utility. 2. Inspection Report: A reasonably detailed report of the inspection shall be provided to the Carmel Department of Community Services. Upon written confirmation by the department that the inspection demonstrates that all Common Area Improvements have been properly completed and maintained, the developer may then turn over control of the owners' association to the property owners. 3. Corrections: If the inspection reveals that any Common Area Improvements have not been properly completed and/or maintained, the developer shall cause, at its cost, all such improper Common Area Improvements to be corrected so as to be in compliance with applicable requirements. Upon completion of such correction, the developer shall notify the department in writing of details of the corrections made. The department shall have thirty (30) days from the date of notice of completion of corrections to verify compliance. Thereafter, upon receipt of notice from the department that all the improper Common Area Improvements have been corrected, the developer may turn over control of the owners' association to the property owners. 4. Failure to Respond: If the department fails to respond to an inspection that shows no improper Common Area Improvements or to a notice from developer of its correction of all improper Common Area Improvements within thirty (30) days of receipt of such inspection or notice, as applicable, then the developer may assume department approval and turn over control of the owners' association to the property owners. E. Required Language: The following content shall be reflected in the Deed Restriction or other legal mechanism: 1. Street Lighting: When a development installs a street light, then the owners' association shall be responsible for the maintenance, replacement, and electricity used. In this case, the legal mechanism shall make the owners' association responsible for all maintenance, replacement, and electricity consumption in perpetuity. The City of Carmel shall not, now or in the future, be obligated to accept the lights as public property. In the event the owners' association fails to maintain street lighting, the City of Carmel may make the improvements and assess each property for the project cost plus applicable administrative expenses. F. Enforcement: Failure of the owners' association to maintain an effective legal mechanism or failure of the owners' association to fulfill its responsibilities within that legal mechanism shall be deemed a violation of the Unified Development Ordinances and subject to Article 10: Enforcement and Penalties. Section II: Amend Article 11 by amending or deleting the following definitions: Kindergarten (Pre -School): A school for children primarily between the ages of three and five, whose only function is providing preparation for elementary school. A Kindergarten (Pre-school) will not provide daycare services. Major Intersection: A street intersection where the intersecting streets are either: 2 arterial streets or 1 arterial street and one collector street. Section III: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section IV: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. 08/10/2018 Ordinance Z-634-18 2 f� ADOPT D b the Common Council of the City of C. rme1, Indiana this da of ie%�� y Y� l� 2018, by a vote of � ayes and (� nays. [L FOR THE CITY OF CARMEL Laura D. Campbell Anthony Green H. Bruce Kimball Presented by me to the Mayor of the City of Carmel P�Qsti1 trey' 2018, at Al.M./ Apyroved b me, Mayor of the Ci 2018, at ATTEST--./ Christine S. Pauley, erk-Treasurer S/6 4 %64 day of Indiana, this of /am�s Brainard, Mayor Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 08/10/2018 Ordinance Z-634-18 3