Chapter 21.100
MODEL HOMES
Sections:
21.100.020 Number of model home permits authorized.
21.100.030 Criteria for a model home permit.
21.100.040 Application requirements.
21.100.050 Model homes – Occupancy.
21.100.010 Purpose.
Model home building permit applications for a limited number of model homes, in an approved preliminary subdivision, may be granted by the development services director or designee prior to final subdivision approval and recording in accordance with this chapter. (Ord. 1920 § 2, 2021).
21.100.020 Number of model home permits authorized.
For all subdivisions, the maximum number of model home building permits allowed shall be nine or 20 percent of the total number of single-family residences proposed, whichever is less. In cases where the application of the 20 percent restriction creates a fraction, the number of model homes permitted shall be rounded up to the nearest whole number. (Ord. 1920 § 2, 2021).
21.100.030 Criteria for a model home permit.
An applicant who has received preliminary subdivision approval is eligible to apply for up to the number of building permits for model homes authorized in OHMC 21.100.020 upon demonstrating all of the following:
(1) The applicant for the model home, if different than the owner and applicant for the approved preliminary plat, shall provide a document signed by the owner demonstrating that the applicant has a real or possessory interest in the property on which the model home will be constructed.
(2) The applicant shall have submitted and received approval of the construction plans, including street, water, sewer, and storm sewer extensions to serve the model homes in the phase to be constructed. All utility services and fire sprinkler systems must be installed and approved prior to final certificate of occupancy.
(3) Permanent or temporary retention/detention facilities that serve the lots where the model homes are to be constructed shall be in place or approved for construction.
(4) All impact and mitigation fees shall be due and payable at the time of issuance of a residential building permit for model homes, unless deferred pursuant to OHMC 3.63.075.
(5) A charged fire hydrant including access to the building site as determined by the fire chief or designee must be available to any lot proposed for construction of a model home prior to framing.
(6) The complete application for the model home must be submitted at least 90 days prior to the date of preliminary subdivision expiration. (Ord. 1920 § 2, 2021).
21.100.040 Application requirements.
The following information is required in addition to a residential building permit application:
(1) Title certificate demonstrating ownership interest in the property on which the model home will be constructed.
(2) Building site plan(s) showing the location(s) of the proposed model home(s); distances from the proposed final subdivision lot lines; all existing, required, or proposed easements; and the separations required therein.
(3) One dark line print of the proposed final subdivision.
(4) A statement signed by the applicant in which the applicant agrees to indemnify and hold harmless the city from any damages, direct or indirect, resulting from the city’s approval of the construction of model homes; and agreeing to restore the site to its condition prior to construction of the model home(s) and their associated structures and improvements should the plat not be recorded.
(5) Payment of a model home review fee at the time of application for a model home permit per the master fee schedule adopted by resolution of the city council. (Ord. 1920 § 2, 2021).
21.100.050 Model homes – Occupancy.
Occupancy of model homes is limited as follows:
(1) No model home shall be occupied for residential use prior to the recording of the final plat.
(2) One additional preliminarily approved lot within the preliminary subdivision may be used to furnish off-street parking provided a hard surface approved by the public works director or designee is installed. This provision is not intended to increase the total number of model homes permitted. (Ord. 1920 § 2, 2021).
21.100.060 Completion.
The model home(s) and all associated improvements shall be completed or removed within six months of issuance of a building permit.
In the event of any of the following occurrences, the applicant consents to the city filing a lien against the property in an amount to recover the cost of demolition or completion of the model home in the city’s discretion:
(1) Preliminary plat approval has expired, and no extension has been granted.
(2) The subdivision was denied final plat approval and/or required substantial improvements not consistent with the design of the preliminary approved plat in the opinion of the development services department.
(3) The approval period has expired, consistent with Chapter 21.20 OHMC.
(4) Prior to issuance of a model home building permit, the applicant shall provide each of the following documents on the forms provided by the city and approved by the city attorney:
(a) Performance Bond. A performance bond that includes financial securities at 150 percent of a contractor’s cost estimate, approved by the city, required to complete installation of all streets, sewer, water, and storm water improvements including but not limited to improvements relating to the final plat of the approved phase of development.
(b) Restrictive Covenant. A restrictive covenant in the form as provided by the city that requires the owner to construct model home(s) and appurtenances in accordance with this chapter.
(c) Hold Harmless Agreement. A hold harmless agreement, in the form as provided by the city, that includes a statement signed by the applicant in which the applicant agrees to indemnify and hold harmless the city of Oak Harbor, its employees, agents, representatives, and elected and appointed officials from and against any and all claims, damages, lawsuits (including the defense thereof) arising from the issuance of a model home building permit or the construction or occupancy of the model home(s) prior to recording the final plat.
(d) A consent to file a lien as referenced in this section. (Ord. 1920 § 2, 2021).