(A) Intent. Pursuant to the authority conferred by § 141 of the Condominium Act, Public Act 59 of 1979, being M.C.L.A. § 559.241 preliminary and final site plans shall be regulated by the provisions of this chapter and subject to the review by the Planning Commission.
(B) General requirements.
(1) Each condominium lot shall be located within a zoning district that permits the proposed use.
(2) Each condominium lot shall front on and have direct access to a public street approved by the village.
(3) For the purposes of this chapter, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which located, and the provisions of any other statutes, laws, ordinances, and/or regulations applicable to lots in subdivisions.
(4) In the case of a site condominium containing single-family detached dwelling units, not more than 1 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 except in a PUD district. Required yards shall be measured from the boundaries of a condominium lot.
(C) Site plan approval requirements. Preliminary approval of the site plan and final approval of the site plan and condominium documents by the Planning Commission shall be required as a condition to the right to construct, expand, or convert a site condominium project. No permits for erosion control, building construction, grading, or installation of public water or sanitary sewerage facilities shall be issued for property in a site condominium development until a final site plan has been approved by the Village Planning Commission and is in effect. Preliminary and final approval shall not be combined.
(1) Preliminary approval.
(a) A preliminary site plan pursuant to the standards and procedures set forth in § 151.023 shall be submitted to the Planning Commission for preliminary review.
(b) If the site plan conforms in all respects to applicable laws, ordinances, and design standards, preliminary approval shall be granted by the Planning Commission.
(c) If the site plan fails to conform, the Planning Commission shall either deny the application, or grant preliminary approval with conditions, provided the conditions are met before final approval.
(2) Final approval.
(a) Following preliminary approval, the applicant shall submit a final site plan pursuant to the standards and procedures set forth in § 151.023(D). In addition to the final site plan, the condominium documents shall be submitted to the village for the review by the Village Attorney and other appropriate staff and consultants. The condominium documents shall be reviewed with respect to all matters subject to regulation by the village including, without limitation: ongoing preservation and maintenance of drainage, retention, wetland, and other natural and/or common area; maintenance of private roads, if any; and maintenance of stormwater, sanitary, and water facilities and utilities.
(b) The applicant shall also submit engineering plans in sufficient detail for the village, to determine compliance with applicable laws, ordinances, and design standards for construction of the project. The village shall submit engineering plans to the Village Engineer for review.
(c) Upon completion of the review of the condominium documents and engineering plans and receipt of the recommendations and findings from the Village Attorney, Engineer, and Planner, the site plan shall be submitted to the Village Council for final review.
(d) If the site plan, condominium documents and/or engineering plans conform in all respects to applicable laws, ordinances, and design standards, final approval shall be granted by the Village Council.
(e) If the site plan, condominium documents and/or engineering plans fail to conform, final approval shall be denied by the Village Council.
(f) In the interest of insuring compliance with this chapter and protecting the health, safety, and welfare of the residents of the village, the Village Council, as a condition of final approval of the site plan, shall require the applicant to deposit a performance guarantee as set forth in § 151.026 for the completion of improvements associated with the proposed use.
(D) Required improvements.
(1) All design standards and required improvements that apply to a subdivision under the subdivision regulations adopted by the Village Council, shall apply to any condominium development.
(2) Each condominium unit shall be connected to the village water, sanitary, and storm sewers. Utility standards stated in Title V shall apply to all condominium units. Furthermore, the utility provisions stated in the village subdivision regulations shall apply to all condominium units proposed for location on property which is not subdivided and recorded, or property which is to be further subdivided. Each individual condominium unit shall be considered a residential equivalent unit as defined in the village subdivision regulations.
(3) (a) Monuments shall be set at all boundary corners and deflection points and at all road 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) The village may grant a delay in the setting of required monuments or irons for a reasonable time, but not to exceed 1 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. The deposit shall be returned to the developer upon receipt of a certificate by a surveyor registered in the State of Michigan 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.
(4) Road rights-of-way shall be described separately 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 declare easements to the village for all public water and sanitary sewer lines and appurtenances.
(5) All improvements in a site condominium shall comply with the design specifications as adopted by the Village Council and any amendments thereto.
(E) Information required prior to occupancy. Prior to the issuance of occupancy permits for any condominium units, the applicant shall submit the following to the Zoning Administrator:
(1) A copy of the recorded condominium documents (including exhibits);
(2) A copy of any recorded restrictive covenants;
(3) A copy of the site plan on laminated photostatic copy or mylar sheet; and
(4) Evidence of completion of improvements associated with the proposed use, including 2 copies of an as-built survey.
(F) Revision of site condominium plan. If the site condominium subdivision plan is revised, the final site plan shall be revised accordingly and submitted for review and approval or denial by the Planning Commission before any building permit may be issued, where the permit is required.
(G) Amendment of condominium documents. 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 and approved by the Village Attorney and Planning Commission before any building permit may be issued, where the permit is required. The Planning Commission may require its review of an amended site plan if, in its opinion, the changes in the master deed or bylaws require corresponding changes in the site plan.
(H) Relocation of boundaries. Relocation of boundaries between adjoining condominium units, if permitted in the condominium documents, as provided in § 48 of the Condominium Act, Public Act 59 of 1979, being M.C.L.A. § 559.148 shall comply with all regulations of the zoning district in which located and shall be approved by the Zoning Inspector. These requirements shall be made a part of the bylaws and recorded as part of the master deed.
(I) Subdivision of condominium lot. Each condominium lot that results from a subdivision of another condominium lot, if the subdivision is permitted by the condominium documents, as provided in § 49 of the Condominium Act, Public Act 59 of 1979, being M.C.L.A. § 559.149 shall comply with all regulations of the zoning district in which located, and shall be approved by the Zoning Inspector. These requirements shall be made a part of the condominium bylaws and recorded as part of the master deed.
(Ord. 239, passed 3-5-2001, § 3.5) Penalty, see § 151.999