Pursuant to authority conferred by § 141 of the Condominium Act, Act 59 of 1978, as amended, all condominium subdivision plans shall be reviewed and approved by the Planning Commission and Village Council. In determining whether to approve a condominium subdivision plan, the Planning Commission and Village Council shall consult with the Village Attorney, Engineer, Zoning Administrator and Planner regarding the adequacy of the master deed, deed restrictions, utility systems and streets, subdivision layout and design and compliance with all requirements of the Condominium Act.
(A) General requirements.
(1) Condominium lots. For the purposes of this section, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which located. In the case of a site condominium containing single-family detached dwelling units, not more than one dwelling unit shall be located on a condominium lot, nor shall a dwelling unit be located on a condominium lot with any other principal structure or use.
(2) Revision of condominium subdivision plan. If the condominium subdivision plan is revised, the final site plan shall be revised accordingly and submitted for review by the Planning Commission who shall make a recommendation to the Village Council to approve or deny the application before any zoning permit may be issued, where such permit is required.
(3) Amendment of Master Deed or bylaws. Any amendment to a master deed or bylaws that affects the approved preliminary or final site plan, or any conditions of approval of a preliminary or final site plan shall be reviewed by the Planning Commission who shall make a recommendation to the Village Council to approve or deny the application before any zoning permit may be issued, where such permit is required. The Planning Commission may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the approved site plan.
(4) Development agreement. The Planning Commission may require, as a condition of approval, that the applicant enter into a development agreement with the Planning Commission and the village, incorporating therein the terms and conditions of final site plan approval, and record the same in the County Register of Deeds.
(5) Relocation of boundaries. Relocation of boundaries between adjoining condominium lots, if permitted in the condominium documents, as provided in § 48 of the Condominium Act, shall comply with all regulations of the zoning district in which located and shall be approved by the Zoning Administrator. These requirements shall be made a part of the bylaws and recorded as part of the master deed.
(6) Subdivision of lots.
(a) Each condominium lot that results from a subdivision of another condominium lot, if such subdivision is permitted by the condominium documents, as provided in § 49 of the Condominium Act, shall comply with all regulations of the zoning district in which located, and shall be approved by the Zoning Administrator.
(b) These requirements shall be made a part of the condominium bylaws and recorded as part of the master deed.
(7) Private streets. All site condominium subdivisions in which private streets are proposed shall be developed to the public street requirements of the village. Site condominium subdivisions and condominium lots may abut public or private streets.
(8) Road rights-of-way. Road rights-of-way shall be parcels separate from individual condominium lots, and shall be accurately delineated by bearings and distances on the condominium subdivision plan and the final site plan. The right-of-way shall be for roadway purposes and for the purposes of locating, installing, maintaining and replacing of public utilities. The developer shall dedicate easements to the village for all public water and sanitary sewer lines and appurtenances.
(9) Easement for utilities. The site condominium subdivision plan shall include all necessary easements granted to the village for the purposes of constructing, operating, inspecting, maintaining, repairing, altering, replacing and/or removing pipelines, mains, conduits and other installations of a similar character for the purpose of providing public utilities, including conveyance of sewage, water and storm water run-off across, through and under the property subject to said easement, and excavating and refilling ditches and trenches necessary for the location of said structure.
(10) Monuments.
(a) Monuments shall be set at all boundary corners and deflection points and at all roads right-of-way intersection corners and deflection points. Lot irons shall be set at all condominium lot corners and deflection points of condominium lot lines.
(b) 1. The Village Engineer may grant a delay in the setting of required monuments or irons for a reasonable time, but not to exceed one year, on condition that the developer deposit with the Village Clerk cash, a certified check, or an irrevocable bank letter of credit running to the village, whichever the developer selects, in an amount as determined from time to time by resolution of the Village Council.
2. Such deposit shall be returned to the developer upon receipt of a certificate by a surveyor registered in the state that the monuments and irons have been set as required, within the time specified. If the developer defaults, the Village Council shall promptly require a registered surveyor to set the monuments and irons in the ground as shown on the condominium site plans, at a cost not to exceed the amount of the security deposit.
(11) As-built drawings. A dimensionally stable copy of the as-built drawings shall be submitted to the Village Clerk and a second dimensionally stable copy shall be recorded with the County Register of Deeds.
(C) Application submission procedures.
(1) Preliminary site plan.
(a) A preliminary site plan shall be filed for approval at the time of notice of proposed action is filed with the village. Preliminary site plans shall be reviewed by the Planning Commission who shall make a recommendation to the Village Council to approve or deny the application.
(b) The preliminary site plan shall include all land that the developer intends to include in the site condominium project.
(c) The preliminary site plan shall include all information required herein, except in the case of single-family detached dwelling units.
(d) Dwelling units and required yards, shall be shown on the preliminary site plan. In those instances where dwelling unit plans are not known the plan may show the building envelope provided such building envelope meets all side, front and rear setback requirements of the zoning district.
(2) Final site plan.
(a) A final site plan shall be filed for review for each phase of development shown on the approved preliminary site plan. Final site plans shall be reviewed by the Planning Commission who shall make a recommendation to the Village Council to approve or deny the application.
(b) A final site plan for any phase of development shall not be filed for review by the Planning Commission unless a preliminary site plan has been approved by the Planning Commission and Village Council and is in effect.
(c) A final site plan shall include all information required by § 66 of the Condominium Act and the master deed and bylaws. The final site plan shall also include all information required herein, except in the case of single-family detached dwelling units, location and dimensions of condominium units rather than individual buildings and required yards, shall be shown on the site plan.
(d) The applicant shall provide proof of approvals by all county and state agencies required to review the condominium subdivision plan, including but not limited to the County Road Commission, County Drain Commissioner, County Health Department and the Michigan Department of Natural Resources. The Planning Commission and Village Council shall not approve a final site plan until all county and state agencies, required to review the condominium subdivision plan, have approved the condominium subdivision plan.
(D) Design and approval.
(1) All site condominium subdivision plans shall conform to the design, layout and improvements standards of the village. A deposit in the form of cash, certified check, or irrevocable bank letter of credit acceptable to the Village Council shall be made with the village to guarantee the installation and completion of any required public sanitary sewer, water supply, drainage facilities, and public or private street and walkway improvements within a length of time agreed upon from the date of final approval of the site condominium subdivision plan by the Planning Commission and Village Council.
(2) No permits for erosion control, building construction, grading or installation of water or sanitary sewerage facilities shall be issued for property in a site condominium development until a final site plan therefor has been approved by the Village Council and is in effect. This requirement shall include contractible, conversion and expandable site condominiums as defined in the Condominium Act (Public Act 59 of 1978 as amended).
(3) The approval of any site condominium plan under this section shall expire one year after the date of such approval unless actual construction and development have been commenced in accordance with said site plan prior thereto. If such construction and development is commenced within said one-year period, then such approval shall continue for a period of five years from the date thereof; provided, however, that a lapse of more than one year in continuous construction and development does not occur, in which event, said approval shall expire. Prior to such expiration date the development owner shall be notified in writing 30 days in advance of the expiration date. The Zoning Administrator shall not issue a zoning permit for any type of construction based on the approved site condominium plan after such approval has expired. Fees for review of expired site plan may be waived in those instances where no substantial change in conditions of the site condominium plan nor of abutting uses has taken place. In those instances where conditions have changed, the fee for review of expired site condominium plans for new site condominium plans shall be the same as for the initial submittal.
(4) All site improvements including sanitary sewers, water mains, storm sewers, retention basin, site grading and private street improvements shall meet or exceed the minimum design standards of the village.
(5) (a) A final survey plan of the site condominium subdivision or phase thereof shall be submitted together with a closure sheet of the external boundary and internal common areas, condominium land units, blocks of condominium units, street rights-of-way and all other land units for review and approval by the Village Engineer.
(b) The exact length and bearing of all external and internal boundaries shall be clearly shown on the plan. The bearing source of orientation of the survey plan shall conform with that of an existing adjacent recorded subdivision or other established survey.
(E) Notice of proposed action. The notification requirements stated in § 71 of the Condominium Act (Public Act 59 of 1978, as amended), shall be filed with the village and other listed agencies.
(Ord. 160, passed 4-21-2022)