(A) Authority. Pursuant to authority conferred by Public Act 59 of 1978, § 141, being M.C.L.A. § 559.141, as amended, all condominium subdivision plans must be approved by the Planning Commission. In determining whether to approve a condominium subdivision plan, the Planning Commission shall consult with the Township Attorney, Township Engineer and Township Planner regarding the adequacy of the master deed, deed restrictions, utility systems and streets, subdivision layout and design, and compliance with requirements of the Condominium Act and applicable township ordinances, including the zoning ordinance, subdivision regulations ordinance and §§ 91.01 through 91.06.
(B) Definitions. The following terms are defined both in the context of the Condominium Act and in a manner intended to make comparison possible between the terms of this chapter and the subdivision regulations ordinance (Chapter 152) with the Condominium Act. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONDOMINIUM ACT. Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended.
CONDOMINIUM SUBDIVISION. Equivalent to the term “subdivision” as used in this chapter and Chapter 152.
CONDOMINIUM SUBDIVISION PLAN. The site, survey and utility plans; floor plan; floodplains plans; and building sections, as appropriate, showing the existing and proposed structures and improvements including the location thereof on the land. The condominium subdivision plan shall show the size, location, area and horizontal boundaries of each unit as well as vertical boundaries and volume for each unit comprised of enclosed air space. A number shall be assigned to each condominium unit. The CONDOMINIUM SUBDIVISION PLAN shall include the nature, location, and approximate size of common elements, and provisions for the maintenance of common areas.
CONDOMINIUM UNIT. The portion of the condominium project designed and intended for separate ownership and use, as described in the master deed.
CONSOLIDATING MASTER DEED. The final amended master deed for a contractible condominium project, an expandable condominium project, or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium project as completed.
CONTRACTIBLE CONDOMINIUM. A condominium project from which any portion of the submitted land or buildings may be withdrawn pursuant to express provision in the condominium documents and in accordance with this chapter and Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272.
CONVERSION CONDOMINIUM. A condominium project containing condominium units, some or all of which were occupied before the establishment of the condominium project.
CONVERTIBLE AREA. A unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to express provision in the condominium documents to express provision in the condominium documents and in accordance with this chapter and the Condominium Act.
EXPANDABLE CONDOMINIUM. A condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with this chapter and the Condominium Act.
FRONT YARD SETBACK. Shall be equal to the distance between the front yard area line and the condominium dwelling.
LOT. The same as HOMESITE and CONDOMINIUM UNIT.
MOBILE HOME CONDOMINIUM PROJECT. A condominium project in which mobile homes are intended to be located upon separate sites which constitute individual condominium units.
MASTER DEED. The condominium document recording the condominium project as approved by the Zoning Administrator and Township Planning Commission to which is attached as exhibits and incorporated by reference the approved bylaws for the project and the approved condominium subdivision plan for the project.
REAR YARD SETBACK. Equal to the distance between the rear yard area line and the condominium dwelling.
SIDE YARD SETBACK. Equal to the distance between the side yard area line and the condominium dwelling.
(C) Condominium subdivision plan; required content. All condominium subdivision plans shall include the information required by § 66 of the Condominium Act, Public Act 59 of 1978, being M.C.L.A. § 559.166, and the following:
(1) A survey plan of the condominium subdivision;
(2) A floodplain plan, if the condominium project lies within or abuts a floodplain area;
(3) A site plan showing the location, size, shape, area and width of all condominium units;
(4) A utility plan showing all sanitary sewer, water and storm sewer lines and easements granted to the township for installation, repair and maintenance of all utilities;
(5) A street construction, paving (if applicable), and maintenance plan for private streets within the proposed condominium subdivision; and
(6) A storm drainage and stormwater management plan, including all lines, swells, drains, basins and other facilities.
(D) Easements for utilities. The condominium subdivision plan shall include all necessary easements granted to the township for the purposes of constructing, operating, inspecting, maintaining, repairing, altering, replacing, and/or removing pipelines, mains, conduits and other installations of a similar character (hereinafter collectively called “public structures”) for the purpose of providing public utilities, including conveyance of sewer, water and stormwater 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 structures.
(E) Private streets. If a condominium subdivision is proposed to have private streets, they shall be developed to the minimum design, construction, inspection, approval and maintenance requirements of §§ 91.01 through 91.06. In addition, all private streets in a condominium subdivision which are proposed to have a paved driving surface of asphalt or concrete shall meet the minimum design and construction standards of the County Road Commission.
(F) Encroachment prohibited. Encroachment of one condominium unit upon another, as described in § 48 of the Condominium Act, Public Act 59 of 1978, being M.C.L.A. § 559.148, shall be prohibited by the condominium bylaws and recorded as part of the master deed.
(G) Relocation of boundaries. The relocation of boundaries, as described in § 48 of the Condominium Act, Public Act 59 of 1978, being M.C.L.A. § 559.148, shall conform to all setback requirements of this ordinance for the district in which the project is located, shall be approved by the Planning Commission, and this requirement shall be made part of the bylaws and recorded as part of the master deed.
(H) Subdivision of condominium units. All subdivisions of individual condominium units shall conform to the requirements of this chapter for minimum lot width, lot area and building setback requirements, shall be made part of the bylaws and recorded as part of the master deed.
(I) Mobile home condominium project. Mobile home condominium projects shall conform to all requirements of this chapter and shall be located only in a MHP Mobile Home Park District.
(J) Condominium subdivision layout, design and approval. All condominium subdivision plans shall conform to the plan preparation requirements, review and approval procedures; design, layout and improvements standards of the township subdivision regulations ordinance as amended. The requirements for final plat approval in the subdivision regulations ordinance shall not apply to condominium subdivision plans, except that a deposit in the form of cash, certified check or irrevocable bank letter of credit shall be made with the township to guarantee the installation and completion of any required public sanitary sewer, water supply and drainage facilities, within a length of time agreed upon from the date of final approval of the condominium subdivision plan by the Planning Commission. Nothing in this section shall be construed as requiring a condominium subdivision to obtain plat approval under Chapter 152 of this code or the Subdivision Control Act, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 et seq.
(Ord. passed 10-11-2000) Penalty, see § 153.999