ARTICLE IX. CONDOMINIUMS1
40-901. Intent and scope of regulations.
The purpose of this article is to regulate projects that divide real property under a contractual arrangement known as a condominium. New condominium projects and conversion condominium projects shall conform to the requirements of this chapter and all other applicable regulations of the township and the Condominium Act, Public Act No. 59 of 1978 (MCL 559.101 et seq.). Each condominium project shall be reviewed in a manner consistent with like projects within the underlying zoning district. A site condominium project shall be considered equivalent to a platted subdivision for the purposes of enforcing the site and building standards of the township. It is the intent to regulate site condominium projects and other condominium projects in a manner consistent with a traditional subdivision plat, except that the review procedures within this article shall apply.
(Ord. No. 147-43, § 14.001, 12-15-2003)
40-902. General requirements.
The following regulations shall apply to condominium projects:
(1) Condominium lot. For all purposes of this chapter, each condominium lot or unit lot shall be considered the equivalent of a platted lot of record as defined in section 40-3 and shall comply with all applicable regulations for the zoning district in which it is located. The relocation of the boundaries or any other change in the dimensions of a condominium lot or unit lot shall be considered an amendment to the condominium documents of the project and the related site plan.
(2) Area computation. Any area within a public or private street right-of-way shall not be included in the computation of the minimum area of a condominium lot or in determination of dwelling density for a site.
(3) Condominium units.
a. Single-family detached units. In the case of a condominium project in which the condominium units are intended for detached single-family residential purposes, not more than one single-family dwelling unit shall be proposed or constructed on a condominium lot, nor shall any dwelling unit be located on a condominium lot with any other principal use. The condominium unit shall be considered a lot under this chapter.
b. Attached or multiple residential units. A condominium project created by the construction of multiple or attached residential units containing individually owned condominium units and, in the case of the conversion of existing multifamily or attached units into individual condominium units, the buildings and units shall meet all requirements of the underlying zoning district.
c. Nonresidential condominium units. A nonresidential condominium project, either new building construction or the conversion of existing building into individual condominium units, the buildings shall meet all bulk and area requirements of the underlying zoning district and the use shall meet all requirements of this chapter.
(4) Setbacks. Yard setback requirements as specified in article III, division 5 of this chapter shall be measured from the perimeter of the condominium lot to the appropriate part of a structure.
(5) Utility connections. Each condominium unit shall be separately connected to any available community or public water supply and/or sanitary sewer system. This requirement may be waived by the board of trustees for cause upon recommendation of the township engineer.
(6) Relocation of lot boundaries. Relocation of condominium lot boundaries, if allowed in the condominium documents, as permitted in section 48 of the Condominium Act, shall comply with the requirements of article III, division 5 of this chapter, and shall be subject to the site plan review procedures stated in article II, division 2 of this chapter.
(7) Resulting lots. Each condominium lot formed by the relocation of an existing condominium lot boundary, as permitted by section 49 of the Condominium Act, shall comply with the requirements of article III, division 5 of this chapter, and shall be subject to the procedures stated in article II, division 2 of this chapter.
(8) Roads in condominium projects. All condominium projects shall require direct access and direct connection to a public road from the project site. All public or private roads within a condominium project shall conform to the standards and specifications of this chapter and those established by the county road commission and/or the township board of trustees for road design and maintenance.
(Ord. No. 147-43, § 14.002, 12-15-2003)
40-903. Review requirements.
A condominium project shall be subject to the site plan review requirements in article II, division 2 of this chapter.
(1) Optional tentative review. A developer of a condominium may seek an optional tentative condominium site plan review prior to the forwarding of the ten-day notice of proposed action as required in section 71 of the Condominium Act (MCL 559.171). A tentative approval may be beneficial to the developer of a site condominium as it parallels a tentative preliminary plat (see section 40-907).
(2) Preliminary review. Prior to recording of the master deed of the condominium project as required by section 72 of the Condominium Act (MCL 559.172), each condominium project shall be reviewed by the planning commission and receive a preliminary condominium site plan approval from the township board (see section 40-908).
(3) Final review. Prior to receiving a permit for construction of any improvements to the land, a condominium project shall be reviewed by the planning commission and receive final condominium site plan approval from the township board (see section 40-909).
(Ord. No. 147-43, § 14.003, 12-15-2003)
40-904. Required information for optional tentative condominium site plan.
Application for a tentative condominium site plan review may be provided to the zoning official at least 30 days in advance of a meeting for which a review is scheduled. The tentative review will allow a developer to receive a limited approval for unit lot sizes, unit lot orientation and street layout only. The following information must be included on, or attached to, a tentative condominium project site plan:
(1) Ownership interests. All persons with an ownership interest in the land on which the condominium project will be located, including a description of the nature of each entity’s interest (for example, fee owner, option holder, lessee or land contract vendee).
(2) Proposed use. The proposed use of the condominium project (for example: residential, commercial, industrial).
(3) Density. The total acreage of the condominium site, acreage set aside for roads, number of condominium units to be developed on the subject parcel and density computation on a unit per acre basis.
(4) Circulation. The vehicular and pedestrian circulation system planned for the proposed development, including the designation of any street as to private ownership or proposed dedication to the public.
(5) Road layout. The tentative location of existing private and public roads adjacent to the proposed development with an indication of how they will connect with the proposed circulation system for the new condominium project.
(6) Unit lot orientation. The proposed layout of structures, unit lots, parking areas, open space and recreation/park areas.
(7) Drainage. Site drainage showing topography and flow directions, including computations of flows into storm sewers or retention and/or detention areas.
(8) Natural features. Specific locations and dimensions of wetland areas, wetland buffers, floodplain and significant natural features such as tree stands, unusual slopes, streams and water drainage areas. Acreage of wetland areas and open space.
(Ord. No. 147-43, § 14.004, 12-15-2003)
40-905. Preliminary plan information.
A preliminary site plan for a condominium project shall be provided to the zoning official at least 30 days in advance of a meeting for which a review is scheduled. The site plan may be reviewed and processed concurrently with the notice required to be given the township pursuant to section 71 of the Condominium Act. The following information shall be included on, or attached to, a preliminary condominium project site plan:
(1) Landscaping. Proposed landscape screening, including greenbelt and berms, and screening walls and a maintenance plan detailing maintenance responsibilities.
(2) Condominium regulations. All deed restrictions or other regulations proposed to be included in the condominium documents in the nature of restrictive covenants which regulate the layout, use and maintenance of public or common areas, accessory structures, payment of assessments and enforcement of condominium regulations. These items shall be physically incorporated as part of the site plan through detail sheets attached with the plan.
(3) Common areas shown. Limited common elements, common elements, unit lots, preservation areas, convertible areas and any other designated ownership areas must be clearly delineated on the site plan.
(4) Documents. All condominium documents must be provided for review by the township attorney.
(5) Additional information. The following additional information must be submitted for township review:
a. Cross sections of roads, drive aisles and paved areas.
b. Preliminary approval by the county health department and drain commissioner of proposed septic, sanitary, storm and/or water system locations.
c. All condominium documents as defined in this chapter.
d. All necessary easement documents showing the dedication of land areas for the purposes of constructing, operating, inspecting, maintaining, repairing, altering, replacing and/or removing pipelines, mains, conduits and other installations of a similar character for the purpose of providing public utilities, including conveyance of sewage, water and stormwater runoff across, through and under the property subject to said easement, and excavating and refilling ditches and trenches necessary for the location of said structures.
All information required for the optional tentative site plan review in section 40-904 shall be submitted. If tentative approval was received, the information must be updated with any changes clearly delineated.
(Ord. No. 147-43, § 14.005, 12-15-2003)
40-906. Project standards.
The following standards are applicable to condominiums:
(1) Underlying zoning requirements. Condominium units shall be subject to all dimensional and area requirements and other design standards for the zoning district in which they are located as stated in the schedule of regulations, article III, division 5 of this chapter. Proposed residential condominium projects consisting of multiple condominium units in a building or otherwise attached condominium units shall not exceed the maximum permitted density for the zoning district in which the project is located and shall comply with all minimum dimensional and design standards set forth for the underlying zoning district. All dimensions and required information shall be shown on the site plan so that the planning commission and township board of trustees can clearly determine that applicable minimum requirements are met.
(2) Single-family site condominiums. Single-family site condominium units and unit lots shall be subject to all dimensional and area requirements for lots and other township design standards for the zoning district in which they are located as stated in the schedule of regulations, article III, division 5 of this chapter and other requirements of this chapter. These regulations shall be applied by requiring that the minimum area of the condominium unit and the surrounding limited common element be at least equal to the minimum lot area and lot width requirements for lots of record in the district in which the project is located. The area that the condominium unit encompasses for the principal building and the surrounding limited common element shall incorporate, at a minimum, the equivalent of the minimum yard setback requirements as defined within this chapter and shall meet all the dimensional requirements of a lot for the zoning district in which it is located.
(3) Nonresidential site condominiums. Commercial, office or industrial condominium projects shall be subject to all requirements applicable to the zoning district in which they are located. These regulations shall be applied by requiring that the minimum area of the site condominium unit and a surrounding limited common element be at least equal to the minimum area and width requirements for the appropriate district in which the project is located. The uses contained in a commercial, office or industrial site condominium project must be appropriate as allowed uses of the underlying zoning district.
(4) Subdivision requirements. The substantive requirements for streets, sidewalks, utilities, storm drainage and subdivision lot layout and design as set forth in the land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.), and subdivision regulations of the township, are intended to apply to all site condominium projects.
(5) Conversion condominiums. All conversion condominium projects shall be subject to the provisions of this chapter and shall require site plan approval by the planning commission prior to the occupancy of any converted condominium unit. The site plan submitted for a conversion project shall include all existing conditions and clearly identify all proposed site changes. The township planning commission will review the site plan for a condominium conversion as a new site plan and may modify any previous site plan approval. Approval of a conversion condominium site plan shall be subject to site plan requirements and review of the planning commission.
(Ord. No. 147-43, § 14.006, 12-15-2003)
40-907. Optional tentative review.
Based upon the design standards and requirements set forth in this chapter, the township planning commission shall review and make a recommendation to the township board of trustees for an optional tentative condominium site plan. The board shall tentatively approve, tentatively approve subject to conditions, or deny the site plan.
(1) Effect of denial. A denial shall mean that the site plan for the proposed condominium project does not meet the requirements of this chapter. A board of trustee’s motion of denial shall specify the reasons for the denial and those requirements which are not met.
(2) Effect of tentative approval. A tentative approval shall confer upon the developer the approval of unit sizes, unit orientations and street layout only. All required additional information must be submitted and reviews processed. A tentative preliminary site plan approval shall be valid for one year from the date of approval.
(Ord. No. 147-43, § 14.007, 12-15-2003)
40-908. Preliminary review.
Based upon the design standards and requirements set forth in this chapter, the township planning commission shall review and make a recommendation to the township board of trustees for a preliminary condominium site plan. The board shall preliminary approve, preliminary approve subject to conditions, or deny the site plan.
(1) Effect of denial. A denial shall mean that the site plan for the proposed condominium project does not meet the requirements of this chapter. A board of trustee’s motion of denial shall specify the reasons for the denial and those requirements that are not met.
(2) Effect of approval. A preliminary approval shall mean that the site plan for a condominium project meets the requirements of this chapter. Subject to any conditions imposed by the township board of trustees as part of its motion of approval, a preliminary approval ensures the applicant that the project and site plan shall receive final approval if:
a. The applicant meets the requirements as stated in article II, division 2 of this chapter for final site plan approval;
b. All other governmental approvals are obtained;
c. No substantive negative comments are received from any governmental agencies or public utilities during the required notice period; and
d. All federal, state and local laws and ordinances are met. All site condominium projects shall require the review and approval or comments from the following agencies prior to final site plan review by the township:
1. The county road commission if any part of the project includes or abuts a county road;
2. The county drain commissioner; and
3. The state department of public health and/or the state department of environmental quality (MDEQ) shall approve the extension of the water and sewer utilities.
A preliminary condominium site plan approval shall be valid for a period of two years from the date of township board of trustees approval.
(Ord. No. 147-43, § 14.008, 12-15-2003)
40-909. Final site plan review.
The developer or proprietor may request final approval by submitting to the township the following items:
(1) Revised plan. A revised, dated condominium plan incorporating all of the changes, if any, required for preliminary approval.
(2) Approvals or comments. Verification of all required state and county approvals or comments pursuant to section 40-908(2).
(3) Section 71 comments. Presentation of all comments pursuant to section 71 of the Condominium Act (MCL 559.171).
(4) Condominium documents. Copies of the recorded condominium documents or copies of the documents in their final recordable form, including the required condominium site plan.
(Ord. No. 147-43, § 14.009, 12-15-2003)
40-910. Commission recommendation.
The planning commission shall review and recommend an action to the township board of trustees regarding a site plan submitted for final approval. The board may approve or deny the site plan.
(1) Effect of denial. A denial shall mean that the final site plan for the proposed condominium project fails to satisfy one or more of the following:
a. The requirements of this chapter;
b. The conditions of preliminary site plan approval;
c. The standards of other jurisdictions reviewing the plan;
d. That a discrepancy exists between the township approved preliminary site plan and the condominium documents or site plan as required by the Condominium Act.
A motion of denial shall specify the reasons for the denial.
(2) Effect of approval. Final site plan approval shall mean that, subject to any conditions imposed by the township board of trustees as part of its motion of approval, the site plan for a condominium project meets the requirements of this chapter and that the project has verified that:
a. All other governmental approvals are obtained;
b. No substantive negative comments are received from governmental agencies or public utilities during the required notice period; and
c. All federal, state and local laws and ordinances are met. All site condominium projects shall require the review and approval or comments from the following agencies prior to final site plan review by the township:
1. The county road commission if any part of the project includes or abuts a county road;
2. The county drain commissioner; and
3. The state department of public health and/or the state department of environmental quality shall approve the extension of the water and sewer utilities.
The township building official may issue applicable permits for construction following the payment of required fees. A final site plan approval shall be valid for a period of two years from the date of township board of trustees approval.
(Ord. No. 147-43, § 14.010, 12-15-2003)
40-911. Monuments.
All site condominium projects shall be marked with monuments as follows:
(1) Required. Monuments shall be placed in the ground according to the requirements of subsections (2) through (5) of this section, but 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 project if the angle points can be readily reestablished by reference to monuments along the sidelines of the streets.
(2) Construction. All monuments used 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.
(3) Location. Monuments shall be located in the ground at all angles in the boundaries of the condominium project; at the intersection lines of streets and at the intersection of the lines of streets with the boundaries of the condominium project; 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; at all angles of an intermediate traverse line; and at the intersection of all limited common elements and all common elements.
a. Reference. If the required location of a monument is inaccessible, or if 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.
b. Steel rods. If a point required to be monumented is on a bedrock outcropping, a steel rod at least one-half inch in diameter shall be drilled and grouted into solid rock to a depth of at least eight inches.
c. Set at grade. All required monuments shall be placed flush with the surrounding grade where practicable.
(4) Condominium unit corners. Each condominium unit corner shall be monumented in the field by iron or steel bars or iron pipes at least 18 inches long and one-half inch in diameter, or by markers approved by the township engineer. Each condominium lot must be able to be defined by reference to appropriate condominium unit monuments.
(5) Timing. The township board of trustees, on recommendation of the township engineer, may waive the placing of any of the required monuments and markers for a reasonable time, not to exceed one year, following the date of final site plan approval, on the condition that the proprietor deposits with the township clerk cash or a certified check, or irrevocable bank letter of credit running to the township, whichever the proprietor selects, in an amount approved by the township. Such cash, certified check or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate by a surveyor that the monuments and markers have been placed as required within the time specified.
(Ord. No. 147-43, § 14.011, 12-15-2003)
40-912. Post construction requirements.
(a) Document submittals.
(1) Township. It shall be the responsibility of a developer or proprietor of a condominium project to furnish the township, through the building official, the following items:
a. One copy of the recorded master deed;
b. One copy of all restrictive covenants;
c. Two copies of an as-built survey sealed by a licensed professional engineer, landscape architect or registered planner;
d. One copy of the site plan sealed by a professional engineer, landscape architect or registered planner on a Mylar sheet of at least 13 by 16 inches with an image not to exceed 10½ by 14 inches; and
e. One GIS compatible copy of the project site plan clearly showing unit lot lines and other area division, in an electronic format that is acceptable to the township.
The above documents must be submitted prior to the township building official issuing any certificate of occupancy to any structure within the condominium project.
(2) County. The developer or proprietor must also furnish the following to the county register of deeds:
a. One copy of the site plan sealed by a professional engineer, landscape architect or registered planner on a Mylar sheet of at least 13 by 16 inches with an image not to exceed 10½ by 14 inches.
b. Other information required for recording the plan.
(b) Temporary occupancy. The township board of trustees, upon recommendation from the township building official, may allow occupancy of a condominium unit before all required improvements are installed, provided that a bond is submitted sufficient in amount and type to provide for the installation of all remaining improvements without expense to the township before the expiration of the temporary occupancy permit.
(c) Plan revisions. If the condominium subdivision plan as required by the Condominium Act is revised, the final site plan shall be revised accordingly and submitted for review by the planning commission and approval by the township board of trustees prior to the issuance of any additional building permit. A new condominium site plan review, consistent with the procedures of these regulations, shall be required for any major change to an approved site plan as defined by the standards stated in section 40-52(e)(9).
(d) Amended documents. An amendment to any condominium document that affects the preliminary or final site plan, or any conditions of the preliminary or final site plan approval, shall be approved by the township board of trustees prior to the issuance of a building permit. The township board of trustees may require a new site plan review of the amended site plan if, in its sole opinion, such changes in a document require significant changes to an approved site plan.
(Ord. No. 147-43, § 14.012, 12-15-2003)
40-913—40-942. Reserved.
State Law reference—Condominium act, MCL 559.01 et seq.