The following regulations shall apply to all condominium developments within the City of Marine City.
(A) Initial information. Concurrently with notice required to be given City of Marine City pursuant to § 71 of Public Act 59 of 1978, as amended (the Condominium Act, being M.C.L.A. §§ 559.101 to 559.276), a person, firm or corporation intending to develop a condominium project shall provide the following information:
(1) The name, address and telephone number of:
(a) All persons, firms or corporations with an ownership interest in the land on which the condominium development will be located together with a description of the nature of each entity’s interest (for example, fee owner, optionee or land contract vendee);
(b) All engineers, attorneys, architects, planners or registered land surveyors associated with the project; and
(c) The developer or proprietor of the condominium development.
(2) The legal description of the land on which the condominium development will be developed together with appropriate tax identification numbers;
(3) The acreage content of the land on which the condominium development will be developed;
(4) The purpose of the development (for example, residential, commercial, industrial and the like);
(5) Approximate number of condominium units to be developed on the subject parcel;
(6) Whether or not a community water system is contemplated; and
(7) Whether or not a community septic system is contemplated.
(B) Information to be kept current. The Initial Information shall be furnished to the City Zoning Administrator and shall be kept updated until such time as a certificate of occupancy has been issued, pursuant to § 160.294 of this chapter.
(C) Site plans for new projects. Prior to recording of the Master Deed, required by § 72 of Public Act 59 of 1978, being M.C.L.A. §§ 559.101 to 559.276, as amended, the condominium development shall undergo site plan review and approval, pursuant hereto. In addition, the city shall require appropriate engineering plans, including as-built drawings and inspections, prior to the issuance of any certificates of occupancy.
(D) Site plans for expandable or convertible projects. Prior to expansion or conversion of a condominium development to additional land, the new phase of the project shall undergo site plan review and approval, pursuant hereto.
(E) Master deed, restrictive covenants and “as-built” survey to be furnished. The condominium development developer or proprietor shall furnish the Zoning Administrator with the following: 1 copy of the recorded Master Deed; 1 copy of all restrictive covenants, and 2 copies of an “as-built survey.” The “as-built survey” shall be reviewed by the City Engineer for compliance with city ordinances. Fees for this review shall be established by resolution of the City Commission.
(F) Monuments required.
(1) All condominium projects. All condominium projects shall be marked at their boundaries with monuments meeting the requirements of division (F)(2)(a) below.
(2) Site condominium projects. All condominium developments, which consist in whole or in part of condominium units which are residential, commercial, or industrial building sites, mobile home sites, or recreational sites, shall be marked with monuments as provided in this division.
(a) All monuments used shall be made of solid iron or steel bars at least 1/2 inch in diameter and 36 inches long, and completely encased in concrete at least 4 inches in diameter.
(b) Monuments shall be located in the ground: at all angles in the boundaries of the condominium development, at the intersection lines of streets, at the intersection of the lines of streets with the boundaries of the condominium development, and at the intersection of alleys with the boundaries of the condominium development, at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in the side lines of streets and alleys, and at all angles of an intermediate traverse line. It is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the condominium development if the angle points can be readily reestablished by reference to monuments along the sidelines of the streets.
(c) If the required location of a monument is in an inaccessible place or where the locating of a monument would be clearly impracticable, it is sufficient to place a reference monument nearby and the precise location thereof be clearly indicated on the plans and referenced to the true point.
(d) If a point required to be monumented is on a bedrock outcropping, a steel rod, at least 1/2 inch in diameter shall be drilled and grouted into solid rock to a depth of at least 8 inches.
(e) All required monuments shall be placed flush with the ground where practicable.
(f) All unit corners, all intersections in the boundary or boundaries of all limited common elements, and all interesections in the boundary or boundaries of common elements shall be monumented, in the field, by iron or steel bars or iron pipes at least 18 inches long and 1/2 inch in diameter, or other approved markers.
(g) The City Commission may waive, for a reasonable time, not-to-exceed 1 year, the placing of any of the required monuments and markers, on the condition that the proprietor deposits, with the City Clerk, in an amount to be established by the City Commission, by resolution: cash, a certified check, or irrevocable bank letter of credit to the City of Marine City, whichever the proprietor selects. The cash, certified check or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate, issued by a surveyor, that the monuments and markers have been placed as required and within the time specified.
(G) Compliance with federal, state and local laws. All condominium developments shall comply with federal and state statutes and local ordinances.
(H) Occupancy. The Zoning Administrator may allow occupancy of the condominium development before all improvements, required by this chapter are installed, provided that cash, a certified check or an irrevocable bank letter of credit is submitted, sufficient in amount and type, to provide for the installation of improvements before the expiration of the temporary occupancy permit and without expense to the city.
(I) Site condominiums.
(1) Review procedures. Pursuant to authority conferred by § 141 of the Condominium Act, Act 59 of 1978, being M.C.L.A. §§ 559.101 to 559.276, as amended, before condominium units may be sold or site improvements initiated, all condominium subdivision plans must be approved by the City Commission, following review and recommendation for approval by the Planning Commission. In determining whether to recommend a condominium subdivision plan for approval to the City Commission, the Planning Commission shall consult with the Zoning Administrator, City Attorney, City Engineer and City Planner regarding the adequacy of the Master Deed, deed restrictions, utility systems and streets, development layout, and design and compliance with all requirements of the Condominium Act, being M.C.L.A. §§ 559.101 to 559.276 and City Zoning Ordinance. The review process shall consist of 2 steps:
(a) Preliminary plan review. In the preliminary plan review phase, the Planning Commission shall review the overall plan for the site, including basic road and unit configurations and the consistency of the plans with all applicable provisions of the Marine City Zoning Ordinance and Master Plan. Plans submitted for preliminary review shall include information specified herein.
(b) Final plan review. Upon receipt of preliminary plan approval, the applicant should prepare the appropriate engineering plans and apply for Final Review by the Planning Commission. Final plans shall include information as required hereby. The plans shall be reviewed by the City Planner, City Attorney, and City Engineer. Further, the plans shall be submitted for review and comment to all applicable local, county and state agencies as may be appropriate, and as determined by the Planning Commission. The City Commission may grant approval of the final plans after receiving the recommendation of the Planning Commission, and following expiration of the time allotted to other parties to review and comment on the plans.
(2) Exhibits required. In addition to the requirements of § 66 of the Condominium Act, being M.C.L.A. §§ 559.101 to 559.276 and the requirements for site plans contained herein, all plans for site condominium projects presented for approval shall contain the following information:
(a) Survey of the condominium subdivision site;
(b) A survey or drawing delineating all natural features on the site including, but not limited to: ponds, streams, lakes, drains, floodplains, wetlands and woodland areas;
(c) The location size, shape, area and width of all condominium units and common elements, and the location of all proposed streets;
(d) A generalized plan for the provision of utilities and drainage systems;
(e) A copy of the Master Deed and a copy of all restrictive covenants to be applied to the project;
(f) A utility plan showing all sanitary sewer, water, and storm drainage improvements, including all easements to be granted to the City for repair and maintenance of all utilities;
(g) A street construction, paving and maintenance plan for all streets within the proposed condominium subdivision;
(h) A storm drainage and stormwater management plan, including all lines, swales, drains, basins and other facilities; and
(i) A mechanism contained in the Master Deed and/or Bylaws providing for the continued maintenance of all common elements.
(3) Compliance with Zoning Ordinance. A site condominium development, whether intended for residential, commercial or industrial use shall be subject to all of the requirements and standards of the applicable Zoning District in which the development is located.
(4) Streets. The design of streets within a site condominium project shall be subject to the same Design Layout Standards as established for subdivisions as set forth in the subdivisions chapter of the Code of Ordinances of the City of Marine City, except as may otherwise be provided by this chapter. All newly created streets, regardless of whether they are to be in public or private ownership, shall conform to at least all minimum requirements of the general specifications and typical cross sections, including bituminous or concrete paving standards, as set forth herein. All streets which are not dedicated to the public shall be properly maintained. The road surface shall be kept in good repair. Accumulations of snow and ice shall be promptly removed. The master deed shall contain adequate mechanisms to insure that streets will be properly maintained. The provisions shall be reviewed and approved by the City Engineer and City Attorney.
(5) Condominium units. Condominium units within site condominium developments shall conform to the following standards:
(a) The unit size, width, depth and shape of any site condominium shall be appropriate for the location and type of development contemplated.
(b) Condominium unit areas and widths and building setback lines shall conform to at least the minimum lot and setback requirements of the Zoning Ordinance for the District in which the site condominium is proposed.
(c) Condominium units situated on corners in residential condominium subdivisions shall be at least 10 feet wider than the minimum lot width permitted by the Zoning Ordinance. In instances where the minimum required lot width is greater than 100 feet, this requirement shall not apply.
(d) Excessive condominium unit depth in relation to width shall be avoided. A depth-to-width ratio of 3 to 1 shall normally be considered a maximum.
(e) Condominium units intended for purposes other than residential use shall be specifically designed for such purposes, and shall have adequate provision for off-street parking, setbacks, and other requirements in accordance with the Zoning Ordinance.
(f) Every condominium unit shall front or abut on a street for the full width of the unit. The measurement of unit width shall be determined in the same manner as prescribed in the Zoning Ordinance for “lots”.
(g) Side condominium unit lines shall be at right angles or radial to the street lines.
(h) Residential condominium units abutting major thoroughfares or collector streets, where marginal access streets are not desirable or possible to attain, shall be situated with reverse frontage condominium units or with side condominium unit lines parallel to the major traffic streets.
(i) Condominium units shall have a front-to-front relationship across all streets where possible.
(j) Where condominium units border upon bodies of water, the front yard may be designated as the waterfront side of the condominium unit, provided the buildable area of the condominium unit has sufficient depth to provide adequate setback on the street side to maintain a setback for all structures equal to the front setback on the street side as well as on the waterfront side.
(6) Blocks.
(a) Maximum length for blocks shall not exceed 1,400 feet in length, except where, in the opinion of the Planning Commission, conditions may justify a greater distance.
(b) Widths of blocks shall be determined by the condition of the layout and shall be suited to the intended layout.
(7) Natural resources. The natural features and character of lands must be preserved wherever possible. Due regard must be shown for all natural features such as large trees, natural groves, water courses and similar community assets that will add attractiveness and value to the property, if preserved. The preservation of drainage and natural stream channels must be considered by the proprietor and the provision of adequate barriers, where appropriate, shall be required.
(8) Provision of common elements (excluding roads). In the case of residential developments, not less than 5% of the gross land area of the parcel to be developed as a “site condominium” shall be designated as a general common element. The common element shall be permanently reserved for use as active or passive recreational areas or natural resource preserve or a combination of both.
(9) Sidewalks. Sidewalks shall be installed by the developer in all site condominium developments. Sidewalks shall be a minimum of 5 feet in width along both sides of collector and minor streets and 6 feet in width along all major thoroughfares. Sidewalks shall be placed within the street right-of-way and shall be located 1 foot from the edge of the right-of-way. Sidewalks shall also be constructed within the public right-of-way along existing public roadways on the side or sides of the roadway abutting the site condominium development. In instances where the right-of-way of an adjacent public roadway is not sufficient to construct said sidewalk, the developer shall dedicate such additional land as may be necessary to properly accommodate the sidewalk. Pedestrian access to all general common areas shall be provided. Upon review of the site plan, the Planning Commission may approve alternate locations for the sidewalks or may waive the sidewalk requirement if it would not serve the purpose of providing adequate pedestrian circulation. Notwithstanding the above, in instances where the average width of condominium units is greater than 100 feet, sidewalks along internal streets shall not be required.
(10) Utilities.
(a) Storm drainage. An adequate storm drainage system, including necessary storm sewers, catch basins, manholes, culverts, bridges and other appurtenances, as approved by the City Engineer, shall be required in all developments. Adequate provision shall be made for proper drainage of storm water from the rear yards of condominium units. Drainage of each yard shall be self-contained and shall be drained from rear to front except where topography or other natural features require otherwise. The City Commission may require that all storm sewers be installed within the public rights-of-way or within the general common elements and dedicated to the City when, in the opinion of the City Commission, dedication of the same would be in the best interest of the city.
(b) Sewage disposal. A sanitary sewer system including all appurtenances shall be required in all developments which shall connect and outlet into a city sanitary sewer system.
(c) Water supply. A water supply system including appurtenances shall be required in all developments which shall be connected to a city water supply system.
(d) Requirements for underground wiring. The proprietor shall make arrangements for all lines for telephone, electric, television, and other similar services, distributed by wire or cable, to be placed entirely underground throughout the development area; and the conduits or cables shall be placed within private easements provided to the service companies by the developer, or within dedicated public ways; provided, only, that overhead lines may be permitted upon written recommendation of the City Engineer and the approval of the Planning Commission at the time of site plan approval, where it is determined that overhead lines will not constitute a detriment to the health, safety, general welfare, design and character of the development. All such facilities, placed in dedicated public ways, shall be planned so as not to conflict with other underground utilities. All such facilities shall be constructed in accordance with standards of construction approved by the Michigan Public Service Commission. All drainage and underground utility installations, which traverse privately held property, shall be protected by easements granted by the proprietor.
(11) For the purpose of insuring proper response by emergency vehicles, road name signs and traffic control signs shall be installed at all street intersections within or abutting the condominium development in accordance with the city standards. Street names shall be designated in a manner so as not to duplicate or be confused with preexisting streets within the city or postal zone. For private streets, in addition to the above requirements, a sign, meeting city standards, with the words “Not a Public Street”, shall be installed and maintained at all points where private streets meet public streets.
(12) Street lighting. For the purpose of protecting public safety, street lights meeting the standards of the Marine City County Road Commission and the public utility providing such lighting shall be installed and maintained within the condominium development at all street intersections. The association of co-owners shall be responsible for the full cost of operation of street lights.
(13) Street trees and landscaping.
(a) Street trees shall be provided in the ratio of at least 1 per dwelling unit, shall be placed along the right-of-way, and shall not be less than 8 feet in height. This requirement may be waived by the Planning Commission in cases where the site contains substantial woodlands which are to be preserved, and where, in the opinion of the Planning Commission, no useful public purpose would be served. Unless otherwise approved by the city, street trees, when required, shall be planted in the strip between the sidewalk and the curb.
(b) The following trees are prohibited:
1. Box elder;
2. Soft maples (red, silver);
3. Elms;
4. Poplars;
5. Willows;
6. Horse chestnut (nut bearing);
7. Tree of Heaven; and
8. Catalpa.
(c) All unimproved surface area of the site shall be planted with grass, ground cover, shrubbery, or other suitable landscape materials, except that patios, terraces, decks, and similar site features may be allowed.
(14) Maintenance bond. Prior to acceptance by the city of any improvements which are to be dedicated to the city, a 2 year maintenance bond in an amount set by the City Commission, upon recommendation from the City Engineer, shall be posted by the proprietor.
(15) Final documents to be provided. After submittal of the condominium plan and bylaws as part of the master deed, the proprietor shall furnish to the city a copy of the site plan on a Mylar sheet of at least 13 inches by 16 inches with an image not to exceed 10-1/2 inches by 14 inches.
(Prior Code, App., § 1318) (Ord. 97-2, passed 6-5-1997)