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Section 1211.05    Development Allotment Application Procedures

  1. Application for Allotment
    The application for an allotment shall be completed on a form provided by the City
    Manager. Such application shall specify:
    1. The number of allotments requested in terms of residential units;

    2. A development schedule showing the elapsed times projected for each phase of
      the development process;

    3. Other documentation and information that the City Manager or the Planning
      Commission may require in order to review the application and apply the
      standards and obtain compliance with the intent and purposes of this Chapter.

    4. An "applicant" for a residential development allotment under Chapter 1211
      must be the title owner in fee simple of the property and supply a copy of the
      deed evidencing such ownership at the time of making application for the
      residential development allotment for a specific lot or make available to the
      City Manager a copy of the recorded plat of the subdivision wherein the lot
      which is the subject of the application is located showing the applicant to be
      the owner of the platted subdivision.

    5. For purposes of Chapter 1211, an "applicant" may also be an individual,
      ownership entity or organization which has a legally valid and enforceable
      option contract or purchase agreement for a residential lot. The title owner in
      fee simple of the lot shall, however, be considered to be a co-applicant for
      purposes of the "Maximum Allotment" provision set forth in Section
      1211.04(e) and for purposes of the minimum of one automatic allotment per
      year per applicant set forth in Section 1211.05(c). In other words, the coapplicant
      owner shall have the total number of allotments to which the owner
      may be entitled reduced by the number of allotments awarded to co-applicant
      option holders or purchasers and will lose any right the co-applicant owner
      may have to one automatic allotment per year. In the event that through this
      process the number of applicants is reduced below the number of available
      allotments, a random selection for the balance of the semi-annual allotments
      will be conducted. The option holder or purchaser shall not be a family
      member, business associate, agent, employee or related in any way to the coapplicant
      title owner in fee simple.

  2. Application Deadline
    All applications for a Residential Development Allotment shall be submitted according
    to the following schedule:



  3. Limitation On Number Of Applications
    An individual, ownership entity, or organization may submit only one (1) allotment
    application per lot in each allocation period. However, there shall be no limitation on
    the number of separate lots within a contiguous development or physically separate
    developments for which allotment applications may be submitted by an individual or
    organization except as provided in Section 1211.04.

  4. Completeness Determination/Additional Information
    The City Manager shall review for completeness all applications for allotments and
    certification of exemption or priority. If the application is determined to be incomplete
    so that review and processing are not possible, the City Manager shall reject it and
    notify the applicant in writing of such rejection and the reasons therefore, within ten
    (10) working days. If determined to be complete, the City Manager shall notify the
    applicant in writing within ten (10) working days. If the City Manager determines that
    the application is substantially complete but that additional information is needed to
    adequately evaluate the application, he shall notify the applicant in writing within ten
    (10) working days. Failure to submit the requested information within ten (10)
    working days from the time the notification is mailed to the applicant shall preclude
    the application from being reviewed and processed during that semiannual allocation
    period.

  5. Changes In Allotment Request
    Once submitted, an applicant may not alter its application to request an increased
    number of allotments.

  6. Fee For Review Of Application
    Each allotment application shall be accompanied by a processing fee as may be
    established by resolution of the City Council. Such fees shall be nonrefundable.
    Additional fees are not required for processing of the same allotment application, if
    substantially unaltered, during successive allocation periods. The allotment processing
    fee shall be in addition to all other City development processing and permit fees.

  7. Residential Development Allotment Recommendation and Award
    1. The City Manager shall, utilizing the allocation formula set forth in Section
      1211.06, calculate allotments for the semiannual allotment period. The City
      Manager shall also make recommendations for additional allotments for
      projects of special merit/hardship or reservations as defined in this Chapter.

    2. No later than thirty (30) days prior to the semiannual allocation award date, the
      City Manager shall report to the Planning Commission the allotments
      proposed pursuant to the formula contained in Section 1211.06, including
      deductions for exempt projects from the previous allocation year, reservations
      previously granted for the construction year under consideration, and projects
      of special merit/hardship. Within fourteen (14) days after receipt of the
      evaluation report from the City Manager, the Planning Commission shall hold
      a public hearing to take testimony on the recommendations of the City
      Manager. Within fourteen (14) days after the conclusion of such hearing, the
      Planning Commission shall award such allotments pursuant to the formula
      contained in Section 1211.06, including deductions for exempt projects from
      the previous allocation year, reservations previously granted for the
      construction year under consideration, and projects of special merit/hardship.

    3. If the City Manager has made recommendations for an award of allotments for
      projects of special merit or special hardship pursuant to Section 1211.04, the
      Planning Commission shall also consider such recommendation at the same
      hearing. Within fourteen (14) days after the conclusion of such hearing, the
      Planning Commission shall make a recommendation to the City Council
      regarding award of allotments for such special projects according to the criteria
      set forth in Section 1211.04. Upon receipt of the Planning Commission's
      recommendations, the City Council shall approve or deny an allotment for a
      project of special merit or hardship as provided in Section 1211.04.

    4. Where additional time is needed to fully evaluate the recommendations of the
      City Manager, the Planning Commission may extend the allotment award date
      by up to thirty (30) days.

    5. During any allocation year, the Planning Commission shall not award
      development allotments or a combination of allotments and reservations in
      excess of the number determined by the City Council to be available for award
      pursuant to Section 1211.04 (Annual Residential Development Allocation).

  8. Notification of Allotment
    1. Upon finalization of the allotments awarded by the Planning Commission and
      City Council, if applicable, the City Manager shall publish such allotments by
      posting at City Hall.

    2. All applicants who received an allotment shall be notified by mail. Successful
      applicants may apply for issuance of a Zoning Certificate for the applicable
      number of residential dwelling units subject to complying with requirements of
      all other applicable City Chapters and regulations.

  9. Withdrawal of Allotment Application
    An applicant may elect to withdraw an allotment application without prejudice at any
    time prior to an allotment being made by the Planning Commission.

  10. Transferability Of Allotments
    1. All allotments granted pursuant to this Chapter shall be valid only for the
      individual lot or lots which were the subject of the application unless they are
      revoked or expire in accordance with provisions herein. Allotments awarded
      to one lot may be transferred to another legally-established lot within the same
      development or subdivision, provided, however, that the subject lots are under
      common ownership.

    2. An allotment which has been granted to a particular lot shall remain with that
      lot upon conveyance of that lot to another person, except in situations where
      the lot is conveyed back to the person who was the owner or applicant at the
      time of the award of the allotment. Additionally, allotments granted to an
      applicant who has an option contract or purchase agreement on a lot may not
      be transferred to any other person, including the grantor of the option or the
      seller of the subject lot without the express written approval of the City
      Council.