(a)

Intent. The intent of this section is to regulate condominium projects to ensure compliance with this chapter and other applicable standards of the township, to provide procedures and standards for review and approval or disapproval of such developments, and to ensure that each project will be consistent and compatible with other developments in the community.

(b)

Approval required. Pursuant to authority conferred by Section 141 of the Condominium Act, preliminary and final site plans for all condominium projects shall be approved by the Berlin Charter Township Planning Commission, in accordance with the provisions set forth in article VI.

(c)

General requirements.

(1)

Where a site condominium is proposed, each site condominium unit shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which it is located, and the provisions of any other statutes, laws, ordinances, and/or regulations applicable to lots in subdivisions.

(2)

Relocation of boundaries between adjoining site condominium units, (if permitted in the condominium documents, as provided in Section 48 of the Condominium Act MCL 559.148), shall comply with all regulations of the zoning district in which located and shall be approved by the township attorney. These requirements shall be made a part of the bylaws and recorded as part of the master deed by reference.

(3)

Each site condominium unit that results from a subdivision of another condominium unit, if such subdivision is permitted by the condominium documents, as provided in Section 49 of the Condominium Act, shall comply with all regulations of the zoning district in which located, and shall be approved by the zoning official. These requirements shall be made a part of the condominium bylaws and recorded as part of the master deed.

(4)

No permit for construction shall be issued until final engineering plans have been approved and all applicable permits and approvals have been secured from other governmental entities.

(d)

Site plan approval. Approval of the site plan and condominium documents by the township shall be required as a condition of the right to construct, expand, or convert a condominium project. The following information shall be submitted for site plan approval:

(1)

A site plan in accordance with the standards and procedures set forth in article VI.

(2)

Master deed and bylaws, which shall be reviewed with respect to all matters subject to regulation by the township, including, without limitation: on-going preservation and maintenance of drainage, retention, wetland and other natural and/or common area; maintenance of private roads; and maintenance of stormwater, sanity, and water facilities and utilities.

(3)

Engineering plans and information in sufficient detail to determine compliance with all applicable laws, codes, ordinances, rules and regulations for the construction of the project.

(4)

The applicant shall provide proof of approvals by all county and state agencies having jurisdiction over improvements in the condominium development. The township shall not approve a site plan until each county and state agency having such jurisdiction has approved that portion of the final site plan that is subject to its jurisdiction.

(e)

Revision of condominium subdivision plan. If the condominium subdivision plan is revised, the site plan shall be revised accordingly and submitted for review and approval or denial by the township before any building permit may be issued, where such permit is required.

(f)

Amendment of master deed or bylaws. 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 township before any building permit may be issued, where such permit is required. The township may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the site plan.

(g)

Monuments. Monuments shall be established in the manner required by the Condominium Act.

(Ord. No. 01-20, § 18.231, 2-10-20)

(a)

Intent. It is the intent of this section to promote the goals of the township master plan and to permit the development of single-family dwellings in patterns which will:

(1)

Protect and preserve rural character, open space, and productive agricultural lands.

(2)

Minimize demand for public services.

(3)

Encourage a more creative approach to single-family residential development than conventional land divisions and allow greater flexibility in the siting of units.

(4)

Provide a more desirable living environment through the preservation and conservation of natural features such as topography, wetlands, woodlands and vegetation, water bodies and other natural assets.

(5)

Reduce the number driveways accessing county primary and local roads.

(6)

Minimize light levels and light pollution.

(b)

Eligible property. The open space preservation option shall be a permitted use in the AG and R-1 districts, and in the R-2 district where sanitary sewers are provided.

(c)

Criteria. In the review of a proposed development under this section, the township shall make a finding that the intent of the open space preservation option, as set forth in subsection (a) and one (1) or more of the standards set forth in this subsection are met:

(1)

The parcel contains natural assets which would be preserved through the use of open space preservation. Such assets may include woodlands; natural habitat for wildlife; wetlands; bodies of water (i.e., streams, rivers, and lakes); unusual topographic features; or other natural assets which are to be preserved.

(2)

The parcel contains productive agricultural lands which would be preserved through the use of cluster development.

(3)

When completed, the development shall have at least fifty percent (50%) of the land area remaining left perpetually in an undeveloped state, i.e., a conservation easement, plat dedication, restrictive covenant, or other legal means that run with the land.

(d)

Density regulations.

(1)

Land found within the districts noted in subsection (b) may be developed, at the option of the landowner, with the same number of dwelling units on a portion of land that, as determined by the township, could otherwise be developed, under existing ordinances.

(2)

Calculating density. The base density calculation is an estimated number of housing units that could reasonably be expected on a parcel or parcels if developed in a conventional manner. For the purpose of determining base density, the following standards shall apply:

a.

Useable lot area. It is recognized that certain site elements must be subtracted from the total lot area to obtain a reasonable base density. Usable lot area for the purpose of determining base density shall be the lot area as defined with the following to be subtracted from the total lot area:

i.

For the development of infrastructure including roads, stormwater detention, and other similar facilities, twenty percent (20%) of the lot area shall be subtracted.

ii.

Twenty-five percent (25%) of all wetland areas shall be subtracted from the lot area. A wetland delineation shall be completed on-site to make this determination.

iii.

All land found within the ordinary high-water elevation of any lake, pond, river, stream, or creek shall be subtracted.

iv.

Fifty percent (50%) of all soils identified as "very limited" for septic tank absorption fields.

b.

Base density calculation. Once the useable lot area is established, the minimum lot size of the underlying zoning district may be used to determine the maximum base density as shown in the following calculation:

A = Useable lot area

B = Minimum required lot area of underlying zoning district

C = Base density

A / B = C

(e)

Site design requirements. All open space developments submitted under this option shall conform to the following site design requirements:

(1)

Type of dwelling unit permitted. Development is restricted to single-family detached and two-family units. Projects may be proposed as subdivisions or site condominiums, although portions of projects may include land divisions allowable under state law. In no case shall allowable project density be exceeded.

(2)

Common access and road frontage. No lot or parcel shall have direct driveway access to county-designated primary or local roads. All lots or parcels shall have frontage or direct access to a public or private interior road which meets one (1) of the following conditions:

a.

A public street which has been accepted for maintenance by the Monroe County Road Commission.

b.

A permanent and unobstructed private road approved and built in accordance with the township guidelines of development or a road which is part of a condominium development where design, construction, and perpetual maintenance of the road have been approved by the township.

c.

The extent of road frontage shall be determined by the township, in its discretion, taking into consideration: the extent and importance of natural resources, topographical conditions, floodplains, and wetlands to be preserved on the property, the size the shape of the development site, public safety, aesthetics, and impact upon the surrounding developments.

(3)

Water supply and sewage disposal.

a.

An applicant shall demonstrate that all lots proposed under the open space preservation option are capable of meeting applicable county and/or state agency approvals for on-site water supply and sewage disposal. Inasmuch as the capability of the parcel for on-site water supply and sewage disposal is material to the determination of potential development density, the township shall require percolation tests, soil borings, and other information to determine suitability of soils for on-site sewage disposal. These tests must be conducted under the supervision of a registered engineer, certified sanitarian, or other competent licensed provision in accordance with uniform procedures established by the department of environmental quality.

b.

Pursuant to subsection (d), a preliminary site plan with a conventional layout is required in order to demonstrate project density. The township board may waive the requirement for percolation tests, soil borings, and other information on each individual lot of the preliminary site plan with a conventional layout, when it can be demonstrated by the applicant that one (1) or more of the following conditions exist:

i.

Conducting the necessary testing would result in unreasonable damage to significant nature resources and features that are intended to be preserved through the application of the open space development option.

ii.

Previous studies acceptable to the township board have been conducted on the site which verify the suitability of soils and subsurface conditions for on-site water supply and sewage disposal.

(4)

Setbacks. Setback requirements shall be established in a manner which permits variation in the siting of individual dwelling units in order to encourage creativity in design and compatibility with natural resources and other features intended to be preserved. The following minimum setback requirements for each dwelling unit shall be applied:

* Where the cluster development contains drives or streets without a recorded easement, setbacks shall be measured from a point thirty-three (33) feet from the centerline of the drive or street.

** A minimum of twenty-five (25)-foot wide undisturbed open space setback shall be required from the edge of any, lake, pond, river, stream or wetland; provided that the planning commission may permit trails, boardwalks, observation platforms or other similar structures that enhance passive enjoyment of the site's natural amenities within the setback.

(5)

Open space. When completed, the balance of the parent parcel that is not specifically devoted to development associated with dwelling units shall be left in an undeveloped state.

a.

The percentage of land to be left in an undeveloped state shall be no less than fifty percent (50%) of the parent parcel.

b.

The term "undeveloped state" means a natural state preserving natural resources, natural features, or scenic or wooded conditions; agricultural use, open space; or a similar use or condition. Land in an undeveloped state does not include a golf course but may include a recreational trail, picnic area, children's play area, greenway, or linear park. Land in an undeveloped state may be, but is not required to be, dedicated to the use of public.

c.

Approval of an open space preservation option under this section shall be conditioned upon recording appropriate conservation easements, deed restrictions, plat dedications, restrictive covenants, or other instruments for the purpose of providing for long-term maintenance and preservation of the land to be left in an undeveloped state. Such easement and/or other instrumentation shall be in a form and contain the content approved by the township attorney and shall run with the land.

(6)

Greenbelts. It is the intent of the township that rural open space developments shall not appear to be more intense than conventional developments as viewed from off-site. In addition to any required minimum setback specified in subsection (e)(4) above, a greenbelt, having the minimum width of one hundred (100) feet, shall be required along any adjacent county primary or local road. The greenbelt shall be measured from the future right-of-way line. The township planning commission, at its discretion, may permit either minor reductions in width or variations in width of the greenbelt taking into consideration topographic and/or other natural resource conditions, density of existing vegetation to be preserved, and size and shape of the development site.

(7)

Transition from adjacent parcels. In order to provide an orderly transition of density when an open space development abuts a single-family residential district of equal or lower density, the township, at its discretion, shall require the designation of open space and/or the addition of landscape screening along the common boundaries.

(f)

Review procedures. An application for an open space development shall be reviewed as follows:

(1)

Subdivisions. If an open space development is proposed as a subdivision, review of the preliminary and final plats shall proceed as provided in the Berlin Township Subdivision Ordinance.

(2)

Site condominiums. If an open space development is proposed as a site condominium, review shall provide as provided in section 18-231 and article VI.

(3)

Metes and bounds divisions. If an open space development is for land division by metes and bounds descriptions, the review shall proceed as provided for preliminary and final site plans in article VI.

(g)

Review standards. A proposed open space development shall meet all of the following standards for approval. The planning commission shall make the necessary findings for compliance with this section upon its review of the final site plans for site condominiums and metes and bounds land divisions under this section. It shall be the responsibility of the township board to make such findings for subdivisions developed under this section after review and recommendation by the planning commission. All findings shall be in writing and shall be recorded in the minutes of the meeting at which the decision is made.

(1)

The proposed open space development must be consistent with the master plan and any other applicable adopted plan.

(2)

The proposed open space development must not adversely affect existing or future uses or the value of adjacent properties.

(3)

A site plan shall meet all requirements and standards for preliminary and final site plans as provided in article VI of the zoning ordinance.

(4)

The proposed open space development shall meet all requirements and standards in this section and all other applicable provisions of the zoning ordinance.

(5)

The proposed open space development must comply with all applicable federal, state, and local rules and regulations.

(6)

Design standards.

a.

The open space development shall be designed to promote preservation of natural features. Lots or site condominium units, roads, stormwater management facilities, and other improvements shall be designed and situated to minimize alteration of or intrusion into the natural environment.

b.

Lots or site condominium units shall be located on soils that are most suitable for drain fields.

c.

Dwelling units shall be located away from environmentally sensitive areas. They shall not be located in areas most suitable for open space. Dwelling units shall be located as far as possible from agricultural areas.

d.

Placement of wells, septic tanks, and drain fields shall comply with all requirements of Monroe County.

e.

Each lot or site condominium unit shall have access to and frontage on an approved street.

f.

Pedestrian access shall be provided within a development between lots or site condominium units and non-agricultural open space, between open space areas, and to appropriate on- and off-site uses.

g.

The planning commission or township board, whichever applies, may require that structures of historic, cultural, or architectural significance on the site of an open space development be retained, if suitable for rehabilitation. Adaptive reuse for a permitted use may be allowed.

(h)

Conditions of approval. The planning commission or township board, whichever applies, may impose reasonable conditions for approval of an open space development and all elements of the proposed open space development that will assure that the development and all elements of the proposed open space development will be consistent with the intent and purpose of requirements of this section, the zoning ordinance, and subdivision control ordinance.

(i)

Recording action.

(1)

Upon approval of a final site plan by the planning commission, or final approval of a preliminary plat by the township board, the applicant shall record an affidavit with the Monroe County Register of Deeds that contains the full legal description of the property in the open space development, the date of township approval, the conditions the planning commission or township board imposed, and declares that all improvements will be carried out pursuant to the approved open space development plan or plat, unless an amendment is endorsed by the planning commission or township board, whichever applies. The deed restrictions and conservation easement shall be duly filed with the Monroe County Register of Deeds. The applicant shall promptly submit copies of the recorded documents to the township clerk.

(2)

Upon approval of a final site plan by the planning commission, or final approval of preliminary plat by the township board, the township clerk shall promptly record the approval of the open space development on the township's official zoning map, which entry shall be signed by the township supervisor and attested to by the township clerk.

(j)

Time limits.

(1)

An approved open space development shall expire and be of no effect if construction does not commence within twelve (12) months after approval unless the approving body grants an extension. If the applicant does not comply with the conditions specified in the approval, the approving authority or zoning official shall issue a stop work order and no further work shall be done until such time as the conditions are met to the satisfaction of the approving authority.

(2)

Each phase of a development shall be commenced within twelve (12) months of the schedule set forth in the approval. If construction of any phase is not timely commenced as provided herein, the approval of the open space development shall become null and void and no further work may be conducted on the site until such time as adequate assurances to the satisfaction of the approving authority are made that the development will be completed as approved by a date certain as determined by the approving authority.

(3)

The applicant may apply in writing to the approving body for an extension of time in which to commence and/or complete construction. The application for extension must include an explanation of reasons justifying the requested extension. The body granting the original approval may grant a requested extension not exceeding twelve (12) months for good cause. Not more than one (1) extension may be approved.

(k)

Continuing compliance.

(1)

An applicant who fails to comply with the approved final site plan or the preliminary plat as finally approved, whichever applies, shall be deemed in violation of the zoning ordinance, and subject to enforcement and penalties as provided in section 18-240.

(2)

A development agreement and performance guarantee shall be required as a condition of final site plan and preliminary plat approval. The guarantee and agreement shall be in a form approved by the township board and shall ensure completion of a proposed open space development as proposed.

(Ord. No. 01-20, § 18.232, 2-10-20)