(A) Conformance with zoning. All land uses and building sites within a site condominium subdivision project shall be subject to the requirements of this subchapter for that zoning district in which it is located. The building site for each site condominium unit shall comply with all applicable provisions of this subchapter, including minimum lot area, minimum lot width, required front, side and rear yards, and maximum building height. For example, the area and width of the building site shall be used to determine compliance with the minimum lot area and lot width requirements. Compliance with required front, side and rear yards shall be determined by measuring the distance from the equivalent front, side or rear boundary of the building envelope.
(B) Streets. All site condominium subdivision lots shall be served by a road system constructed in accordance with the regulations of the County Road Commission or with private streets constructed under the standards of the township. All streets shall be paved and all public streets shall be developed to the minimum design, construction, inspection, approval and maintenance requirements for platted public streets as required by the County Road Commission. Private streets shall be limited in extent and may serve a maximum of ten units or building sites within a site condominium project. All private streets in a site condominium project shall be reviewed and developed in compliance with the minimum design, construction, inspection and maintenance standards of § 155.07(E)(2)(a) through (E)(2)(e) of this code of ordinances; except that, the surface of such streets shall consist of five inches of M.D.O.T. spec.6.09 concrete or two and one-half inches of M.D.O.T. spec. 4.00 asphalt surface.
(C) Water, sanitary sewer, storm drainage and private utilities.
(1) The site condominium project shall be connected to the township’s water and sanitary sewer facilities, if available. If public water and sanitary sewer facilities are not available, each condominium unit shall either be served by a private central system (designed for connection to a public system when and if a public system is made available), or shall have a well, septic tank and drain field located within the condominium unit’s building site. Water and sanitary sewer facilities shall be approved by the County Department of Health and the Township Board in accordance with applicable standards.
(2) All telephone, electric, gas, cable television utilities, when provided, shall be installed underground within casements dedicated for such use.
(3) Storm drainage collection, retention and detention facilities shall be constructed to County Drain Commission standards and recommendations.
(D) Other required improvements.
(1) Monuments shall be located in the ground at all angles along the boundaries of the site condominium subdivision. These monuments shall be made of solid iron or steel bars at least one-half inch in diameter and 36 inches long and completely encased in concrete at least four inches in diameter.
(2) All corners of lots within a site condominium subdivision shall be staked in the field by iron or steel bars or iron pipes at least 18 inches long and one-half inch in diameter or other markers as approved by the Township Building Inspector.
(3) Consistent with the requirements for subdivision development accomplished under Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended, being the State Land Division Act, as amended, and Ch. 156 of this code of ordinances, the requirements for subdivision design and subdivision improvements such as sidewalks, street trees, street lights as outlined in §§ 156.035 through 156.043 and 156.055 through 156.059 of this code of ordinances shall be applied to site condominium projects unless specifically waved by the Township Board.
(E) Law. The requirements, procedures, regulations and powers set forth in the Condominium Act, Public Act 59 of 1978, Being M.C.L.A. §§ 559.101 through 559.272, as amended, shall apply except as provided by this subchapter.
(F) Inspections and specifications. The Township Board may establish inspections fees, inspection requirements, specification standards, and administrative procedures as provided by law and such shall be deemed to be requirements of this subchapter. All plans and installation of improvements called for shall be subject to the approval of the township or its agent, or such other competent persons as designated by the township. The applicant shall pay all inspection fees before the Township Supervisor signs the final plan, unless adequate sureties or deposits to cover such expenses are provided to the township prior to final plan approval.
(G) Variances.
(1) Building site area, width and depth regulations. Variances with respect to individual building site width, depth and area regulations governed by the district regulations of the Zoning District in which the site condominium project is located shall be made to the Zoning Board of Appeals pursuant to the procedures, rules and conditions contained in this subchapter.
(2) Applications. The petitioner shall make applications for any variance or planned development in writing at the time when preliminary plan is filed for the consideration of the Planning Commission. The application shall state fully and clearly all facts relied upon by the petitioner and shall be supplemented with maps, plans or other additional data which may aid the Planning Commission or Zoning Board of Appeals in the analysis of the proposed variance.
(H) Protected and uninhabitable areas. For properties affected by the riparian area protection overlay zone as delineated on the “riparian areas protection overlay map,” and the official zoning map, master deed provisions and restrictive covenants shall include the following statement: “There shall be no clearing, grading, placement of fill, construction or disturbance of vegetation within any lot (unit), out-lot, park or common area labeled “natural vegetation zone” or “transition zone” as it appears on the exhibit (insert letter designation) drawings of this development except as permitted by §§ 157.420 through 157.425.”
Ord. 3-2004, passed 8-9-2004; Ord. passed - -2007)