The approval of the City shall be obtained prior to the filing by the developer of an application for a condominium project, either part one or part two or both parts, with the Michigan Department of Commerce, Securities Bureau, in accordance with Act No. 59 of the Public Acts of 1978, as amended. The approval procedure shall be as follows:
Where condominium projects consisting of new construction are proposed, approval of both the condominium subdivision plan and the corresponding master deed of which it is a part shall be obtained concurrently using the procedures provided in the Subdivision Regulations, as supplemented by this chapter. These approval procedures shall also serve as and shall include the site plan review procedure required in this Zoning Code.
(a) Filing for Preliminary Approval. The developer shall file with the City Clerk an application for preliminary approval, together with a fully completed copy of the State Department of Commerce, Securities Bureau, application for condominium project, parts one and two, except that part one may be omitted if the developer certifies that he or she will not take nonbinding reservations prior to the sale of apartments. In addition, he or she shall file the required copies of a site plan in accordance with this Zoning Code, together with at least the following portions of the proposed master deed:
(1) A legal description of the land; and
(2) The proposed bylaws for the association of co-owners, which shall comply with Section 1289.18, and the proposed articles of incorporation for the association if it is to be incorporated. These shall be accompanied by a preliminary filing fee of five dollars ($5.00) per gross acre included within the project.
(b) Preliminary Approval. Upon approval of the site plan and related documents by the Planning Commission, a notice of conditional approval shall be given as provided in the Subdivision Regulations. Upon concurrence by Council, the developer may, if he or she so elects and has filed such part one with his or her application, file part one of the State application for condominium project with the Department of Commerce, Securities Bureau. Following preliminary approval, the master deed should be completed and shall include all modifications and amendments required by the Planning Commission and confirmed by Council.
(c) Filing for Final Approval. The application for final condominium project approval shall be filed within one (1) year after the date of preliminary condominium project approval by Council, unless an extension of this period has been granted by Council for good cause prior to the expiration of the one-year period; otherwise, the preliminary approval shall be considered void and the procedure for filing for preliminary approval shall again be followed. The developer, during either the one (1)-year period or a valid extension thereof and at least one (1) week prior to the Planning Commission meeting at which it is to be considered, shall file with the City Clerk an application for final approval, together with five (5) copies of the proposed complete master deed, together with agreements relative to proposed public improvements, as indicated in Section 1246.03, and all other applicable documents required. These shall be accompanied by the final filing fee of five dollars ($5.00) per unit in the project, or in the portion of the total project for which approval is then being requested, and either a revised copy of part two (2) of the State application for condominium project or a statement certifying that there have been no changes affecting such application since its filing with the application for preliminary approval. The master deed with all accompanying documents shall be examined by both the City Attorney and the Building Official within one (1) week after filing in order to determine that the project is in full compliance with the formal and technical provisions of this chapter, this Zoning Code and the Condominium Act, with all agreements in order and enforceable upon their formal acceptance by Council.
Further, the Building Official shall find that all amendments upon which contingent approval of the site plan was granted by the Planning Commission and confirmed by Council have been incorporated in the master deed. The City Attorney and the City Manager shall endorse the application for final approval with their individual findings and return it to the City Clerk for appropriate action. If the master deed and related documents are not approved by either the City Attorney or the Building Official, or both, the developer shall be immediately so notified by the City Clerk so that he or she may take necessary corrective action. The refiling of such a corrected master deed and/or related documents shall be done in the same manner as the original filing as provided herein, except that no fee shall be required.
(Res. 24-95. Passed 2-13-95.)