Buchanan Township City Zoning Code
ARTICLE XVI
Site Condominiums
§ 300-16.01 Condominium development standards.
Purpose and scope.
Site condominium projects are condominium developments in which each condominium unit consists of an area of vacant land and a volume of vacant air space within which a building or other improvements may be constructed by the condominium unit owner. Each site condominium unit may also have an appurtenant limited common element reserved for the exclusive use of the owner of the condominium unit. Either the condominium unit by itself, or the condominium unit taken together with any contiguous, related common element, shall be considered to constitute a building site, which is the functional equivalent of a "lot" for the purpose of this chapter and other applicable laws, ordinances, and regulations. Site condominium projects may also include general common elements consisting of community open space, recreational areas, streets, and other areas available for use by all owners of condominium units within the project. Subject to the district zoning provisions applicable to the project's location, any land use permitted by the Ordinance may be permitted in a site condominium project.
The purpose of this section is to ensure that the plans for developments within the Township of Buchanan proposed under the provisions of the Condominium Act, Act 59 of the Public Acts of 1978, MCLA § 559.101, as amended, shall be reviewed with the objective and intent of achieving the same characteristics as if the development and improvements therein were being proposed pursuant to the Subdivision Control Act, Act 288 of the Public Acts of 1967, MCLA § 560.101 et seq., as amended. It is further the intent of this section to ensure that such development is in conformance with the requirements of this chapter, other applicable Township ordinances and state and federal regulations.
Step I Review: site condominium review and approval procedures (preliminary plan). Application for preliminary plan review and approval of a site condominium subdivision shall be in accordance with the following procedures:
Prior to the formal application for a site condominium development, the developer shall meet with the Planning Commission. The purpose of this meeting is to inform the Planning Commission of the applicant's intent to initiate a site condominium project. Ten days prior to this meeting, the applicant shall submit the following to the Zoning Administrator, who shall distribute it to all Planning Commission members.
A sketch drawn to scale indicating the general location and configuration of the property to be developed, the alignment of streets and building sites, and the relationship of the proposed project to adjacent streets and neighboring properties.
A statement regarding the provision of sewer service and water supply.
During the preliminary discussion meeting, the Planning Commission, based on the information available to it, shall inform the applicant of the following:
General requirements of this section and other applicable provisions of this chapter.
Planned or anticipated sites of parks and recreation areas and other public uses.
Utility system capabilities.
Planned or anticipated public improvements including streets, utility extensions, and the like.
Street plans and potential problems relative to the natural features of the area, including, but not limited to floodplains, soil conditions, topography, and groundwater tables.
Additional information which will assist the applicant in proceeding in a reasonable and sound manner toward the final approval of the site condominium project.
This review is intended for informational purposes only and does not constitute binding commitments on the part of the Township, nor do they imply tentative approval of any proposed site condominium project. Furthermore, such discussions shall not carry the authority to proceed with construction or to sell or transfer property.
Step II Review: Site condominium review and approval procedures.
An application for review of a site condominium subdivision project shall be made to the Township Clerk along with the appropriate fees as required by Township Board resolution. The application shall, at a minimum, contain the following information:
Application for certificate of zoning compliance, which upon issuance shall ensure that the project, as proposed, is capable of being developed in conformity with the standards and regulations applicable to the zoning district in which the project is located, subject to the customary procedures applicable to Township approvals of individual uses on individual building sites.
The applicant's name, address, and phone number.
Proof that the applicant is the owner of the property or has the legal or financial interest in the property, such as a purchase agreement.
The name, address, and phone number of the owner(s) of record, if different from that of the applicant.
The legal description, address and tax parcel number of the property.
Project description, including number of structures, dwelling units, square feet of building sites, open spaces, and estimated inhabitants, phasing, etc.
Gross and net size of the parcel (in acres).
Written comments and/or approvals from the list of agencies (EGLE, Berrien County Drain Commissioner, Berrien County Road Department, and other appropriate state and county review and enforcement agencies having direct approval or permitting authority over all or part of the project's construction phases) resulting from their review of the site condominium subdivision plans, as applicable.
A copy of the proposed deed restrictions or covenants for the site condominium subdivision.
A copy of any preliminary agreements which may be required before final plan approval is granted.
A copy of the proposed master deed of the project and the supportive information which is intended to be recorded with the County Register of Deeds as required by state law.
The applicant shall provide at least two copies and one digital copy of the site condominium project plan and additional copies deemed necessary by the Zoning Administrator. The plans at the time of their submittal shall contain the information required for the site condominium plan as required by Article XXIII.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The application and plans shall be submitted at least 30 days before the next regularly scheduled meeting of the Planning Commission.
Upon receipt of the preliminary site condominium project plans, the Zoning Administrator shall forward one copy to each member of the Planning Commission, and the Township Engineer or Planning Consultant, for consideration at the next regularly scheduled meeting of the Planning Commission.
The Zoning Administrator shall notify by mail all the members of the Planning Commission that a meeting will take place at a specified time concerning the property proposal for the site condominium project. At this or a subsequent meeting, a public hearing shall be held. Notice of said hearing shall be given consistent with § 300-28.02C, Publication and delivery of notice of public hearing, of this chapter. The Township Clerk shall also give such notice of the meeting as required by the Open Meetings Act. In reviewing the preliminary plan, the Planning Commission shall give particular attention to all information required to accompany the submission, in particular the deed restrictions and covenants after the Township Attorney has reviewed them, in an effort to determine that they are adequate to ensure ultimate completion of the project in accordance to the proposed project plan. If the preliminary plan meets the requirements of this chapter and all other applicable local, state, county, and federal regulations, the Planning Commission shall make recommendation regarding the plan to the Township Board of Trustees. If the plan does not meet the requirements of this chapter, the Planning Commission shall:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Setbacks and boundaries. The setback requirements for condominium buildings shall be determined as follows:
Single-family units.
The front yard setback shall be 1/2 the approved or recorded street right-of-way, plus the current setback for the existing zoning district.
The side yard setbacks shall be 1 1/2 the minimum required within the zoning district. The minimum distance from the leading edge of the building to the limit of development (outer property line of the total development) shall be a distance equal to the rear yard setback.
The rear yard setback between the rear of two units (lots) shall be twice the minimum rear yard setback of the zoning district. The minimum distance from the rear leading edge of the building to the limit of development (outer property line of the total development) shall be a distance equal to the rear yard setback.
Multiple-family dwelling units shall meet the standards of the R-2 Medium Density (Suburban) Residential District.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The relocation of boundaries as defined in Section 48 of the Michigan Condominium Act, MCLA § 559.148, shall conform to all setback requirements of this Subsection D, of the district in which the project is located, shall be submitted to the Planning Commission for review and approval, and these requirements shall be made a part of the bylaws and recorded as part of the master deed.
Common elements. After construction of a condominium unit, the undeveloped area of a unit shall become a common element.
Subdivision of unit sites. Subdivision of condominium unit sites is permitted following Planning Commission review and approval, contingent upon the submission of an amended master deed to determine the effect of the subdivision on the conditions of zoning or development plan approval, and shall be made as part of the bylaws and recorded as part of the master deed.
Conformance with subdivision regulations. All condominium project plans shall conform to the plan preparation requirements, design layout, and improvements standards as established within this chapter or with the Code of the Township of Buchanan.
Water and wastewater. The condominium project shall comply with and meet all federal, state, and county standards for a fresh water system and wastewater disposal.
Expansion and conversion. Prior to expansion or conversion of a condominium project to additional land and new phases, it must be reviewed and approved by the Planning Commission.
Master deed. The project developer shall furnish the Township with one copy of the proposed consolidated master deed, one copy of the bylaws, and two copies of the proposed plans, along with a digital copy of all documents. The proposed plans shall be reviewed for compliance with this chapter to ensure that an assessment mechanism has been included to guarantee adequate maintenance of common elements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As-built plans and occupancy. Submission of an as-built plan of a condominium unit is required prior to occupancy. The Building Inspector may allow occupancy of the project before all improvements required are installed provided that an escrow is submitted to the Township, sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the Township. The amount and form of the escrow shall be determined by the Township Planning Commission. Fees for these reviews shall be established and adjusted by the Township Board of Trustees.
Final bylaws, consolidated master deed, and site plan. Upon approval of the development, the applicant shall furnish the Township with a copy of the bylaws and consolidated master deed.
Compliance with other statutes and ordinances. All condominium projects shall comply with pertinent federal, state, and local laws, statutes, and ordinances.
Following final review and revision, the applicant shall submit the site condominium subdivision plans to the following agencies for their approval:
Environment, Great Lakes and Energy (EGLE).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Berrien County Drain Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Berrien County Road Department.
Other appropriate state and county review and enforcement agencies having direct approval or permitting authority over all or part of the project's construction phases.