a.

Intent. This article is intended to provide for condominium projects within the city and establish regulations to guide development of such projects in a manner similar to comparable development allowed within the zoning ordinance and the subdivision ordinance. This article also establishes development standards and required information to assure compliance within the purposes of this ordinance including:

1.

Orderly growth and harmonious development of the community as planned for in the city comprehensive development plan;

2.

To secure adequate traffic circulation and safety through coordinated street systems with relation to the city street system, future development, public services and facilities;

3.

To provide for development which can be timed in a manner consistent with planned or needed public improvements so as not to create an undue inconvenience, hazard or financial burden for residents of the city;

4.

To secure adequate provisions for water supply, storm drainage, sanitary sewage disposal, pedestrian facilities, bicycle facilities, street lighting, and other public health and safety needs, including safe and coordinated interconnection with existing streets, and to provide for the achievement of these purposes; and

5.

To evaluate the impact of proposed developments to assure minimum impact of the natural environment including but not limited to the surface waters, groundwater, flora and fauna of the community.

b.

Definitions. In addition to the terms defined in the city zoning ordinance and subdivision regulations the following terms shall have the meanings as shown in this section. Terms defined in the Condominium Act, in addition to the terms defined herein, shall have the meanings as defined therein:

1.

Building site: The functional equivalent of a lot when lot is used as a reference in the zoning ordinance the regulation shall also refer to building site.

2.

Condominium Act: Public Act 59 of the 1978 Acts of the Michigan Legislature, as amended (Section 559.101 et seq. of the Michigan Compiled Laws).

3.

Condominium plan: The plans, drawings and information prepared for a condominium project, as required by Section 66 of the Condominium Act and as required by this chapter for review of the condominium project by planning commission and city council.

4.

Condominium project: A plan or project consisting of not less than two (2) condominium units if established and approved in conformance with the Condominium Act.

5.

Condominium subdivision plan: Shall mean the same as condominium plan.

6.

Condominium unit: That portion of the condominium project designed and intended for separate ownership and use as described in the master deed and shall be equivalent to the term 'lot' as used in city ordinances.

c.

Required information. In addition to and concurrently with the notice required to be given the city pursuant to Section 71 of the Condominium Act, as amended, (MCL 559.171) a person, firm or corporation intending to develop a condominium project shall provide the following information with the preliminary site plan:

1.

The name, address and telephone number of:

(a)

The owner(s) of record in the land on which the condominium project will be located together with a description of the nature of and the identity of, any other entity's interest in the property (for example, fee owner, optionee or land contract vendee).

(b)

The engineer who prepared the site plan, attorney who prepared the master deed, and other professionals associated with the project.

(c)

The developer or proprietor of the condominium project.

2.

The legal description of the land on which the condominium project will be developed together with appropriate tax identification numbers.

3.

The acreage content of the land on which the condominium project will be developed.

4.

The purpose of the project (for example, residential, commercial, industrial, etc.).

5.

Number of condominium units to be developed on the subject parcel.

6.

A site plan meeting the requirements of article XI for any project requiring site plan approval, as set out in Section 78-266.

7.

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.

8.

The nature, location and approximate size of common elements.

9.

All plans and materials required to demonstrate compliance with the city's municipal standards and the city stormwater management ordinance.

10.

A draft of the master deed and bylaws shall be submitted with the final preliminary site plan.

d.

Current information. All information shall be furnished to the city and shall be kept updated until such time as a certificate of occupancy has been issued.

e.

Condominium review procedures. Prior to recording of the master deed required by Section 72 of the Condominium Act, as amended (MCL 559.172), the condominium project shall undergo site plan review and approval under the requirements of article XI and this section. In addition, the city shall require appropriate engineering plans and inspection prior to the issuance of any certificate of occupancy. Prior to expansion or conversion of a condominium project onto additional land, the new phase of the project shall undergo site plan review and approval. Fees for these reviews shall be established by resolution of the city council in addition to those otherwise required by city ordinances.

All condominium plans shall be reviewed under the following procedures:

A.

Tentative preliminary approval: A full site plan, meeting the requirements of article XI, and a preliminary street plan shall be submitted for preliminary condominium site plan review by the planning commission. Plans shall be reviewed by the city staff and consultants and written recommendations are to be submitted to the planning commission.

Planning commission shall hold a public hearing to receive comments from the applicant, city staff, consultants and the public. Following the public hearing the planning commission shall review the site plan, in accordance with the procedures of article XI. If a condominium site plan is incomplete, the planning commission may table the request and direct the applicant to prepare additional information or revise the plan.

Planning commission shall make a recommendation to the city council to approve, approve with conditions or deny approval of the tentative preliminary plan.

If the tentative preliminary plan is approved or approved with conditions, an application for final preliminary condominium site plan approval must be submitted within one (1) year after the date of tentative approval of the preliminary condominium site plan by the city council, or such tentative preliminary approval shall be deemed null and void. The proprietor may be granted one (1) six-month extension with approval from the city council.

Installation or construction of any improvements or land balancing or grading shall not begin until the final preliminary condominium site plan has been approved and the public improvements agreement is entered into between the developer and the city. Trees and/or other vegetation shall not be removed until after construction plan approval, except for minor clearing required for surveying and staking purposes.

B.

Agency reviews: Upon receipt of tentative preliminary site plan approval, the applicant shall submit the preliminary condominium site plan to all authorities for necessary permits, as required by local, county and state regulations. Approvals and/or any required permits shall be obtained from the county drain commissioner, MDEQ and health department. Where streams, regulated wetlands or floodplains are proposed to be impacted, MDEQ approval shall also be obtained.

C.

Final preliminary approval: The following information shall be submitted for final preliminary condominium site plan approval by the city council, based upon a recommendation by the planning commission. Plans shall be reviewed and written recommendations are to be provided to the planning commission by:

(a)

City staff;

(b)

City engineer;

(c)

City planner;

(d)

City assessor;

(e)

Fire chief;

(f)

Police chief;

(g)

Superintendent of DeWitt Public Schools;

(h)

City public services superintendent;

(i)

Lansing Board of Water and Light;

(j)

Mid-Michigan District Health Department, Environmental Health Division; and

(k)

Southern Clinton County Municipal Utilities Authority.

The planning commission shall review the site plan following the procedures of article XI and make a recommendation to the city council to approve, approve with conditions or deny. If a condominium site plan is incomplete, the planning commission may table the request and direct the applicant to prepare additional information or revise the plan. Submittals shall include:

1.

Full site plan meeting the requirements of article XI. Within a phased project, the final plan shall constitute only that portion of the approved preliminary plan which the proprietor proposes to record and develop at that time.

2.

County and state approvals applicable to the development.

3.

Proposed condominium master deed and bylaws.

D.

Construction plan approval: Following final preliminary site plan approval by the city council, detailed construction plans shall be submitted for review and approval by the city engineer. Site clearing, grading or construction shall not commence until the city engineer has approved the construction plans.

E.

Final approval of master deed, restrictive covenants and as-built survey: The applicant shall furnish the city with one (1) copy of the finalized draft of the master deed, one (1) copy of all restrictive covenants and two (2) copies of an as-built survey. The as-built survey shall be reviewed by the city engineer and the city planner for compliance with city ordinances. The master deed, restrictive covenants and as-built survey shall be approved by the city council. The master deed shall be recorded with the county register of deeds following final approval by the city council and prior to the issuance of any building permits for construction of any condominium units.

1.

It shall be the responsibility of the applicant to obtain all other applicable city, county, or state permits prior to issuance of a building permit.

2.

If construction has not commenced within one (1) year of site plan approval, approval becomes null and void and a new application for condominium approval shall be required. The applicant may request a one (1) year extension by the planning commission, provided a written request is received before the expiration date and the site plan complies with all zoning ordinance requirements.

F.

Public improvements agreement: Prior to receiving final preliminary site plan approval, the developer shall enter into a public improvements agreement with the city to construct within a reasonable time certain improvements within the condominium project area. No construction shall be undertaken in the project area prior to the grant of all approvals of the final preliminary condominium site plan as provided in this chapter. The agreement shall provide for plan review approval and construction inspection and fees associated with their cost as provided by ordinance, for streets, water system, sanitary system and stormwater management. The agreement shall require deposit for fees and for financial security in the amount of the construction cost and for liability insurance with the city and its engineer as named insureds, in the form and amount approved by the city. In the event the developer shall fail to complete the public improvements required by the city in the agreement within the period of time stated in the agreement for the completion of the improvements, the city council shall proceed to have such work completed from the security available to it for such purpose.

G.

Monuments required—All condominium projects. All condominium projects shall be marked at their boundaries with all required monuments. Monuments are also required, where necessary, to mark the boundaries of units in the condominium.

H.

Compliance with area, height and bulk requirements. The areas and setbacks required for condominium buildings shall be based on the density provisions contained in the schedule of regulations of the zoning district. The submerged area of a lake, pond, drain or stream shall not be included in the unit area of a condominium lot, but shall be recorded as a general common element.

I.

Condominium standards. All condominium projects shall comply with the design standards contained in the city subdivision regulations, all applicable requirements of this chapter and any other applicable regulations and are herein incorporated by reference. The intent of this section is to require that condominium projects meet the same standards required for other projects in the same district.

J.

Street standards, site plan submittal, inspections. All streets located within a condominium project shall be constructed and paved in accordance with the standards and specifications of the city's municipal standards and dedicated to the city.

K.

Compliance with stormwater management ordinance. All stormwater facilities shall be installed in accordance with the standards and specifications of the city's stormwater management ordinance.

L.

Compliance with federal, state and local law. All condominium projects shall comply with federal and state statutes and local ordinances.

M.

Temporary occupancy. The city may allow occupancy of the condominium project before all improvements required by this ordinance are installed provided that a bond is submitted sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the city.