The intent of this chapter is to ensure that plans for site condominium developments within the Village of Dimondale proposed under the provisions of the Condominium Act, Act 59 of the Michigan Public Acts of 1978, 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 Michigan Land Division Act, Act 27 of the Public Acts of 1997, as amended. It is also the intent of this chapter to ensure that such development is in compliance with the requirements of this Zoning Code, as amended, other applicable Village ordinances and County, State and Federal regulations.

(Ord. 99-4. Passed 7-12-99.)

   As used in this chapter, the following words and phrases shall have the meanings set forth herein:

   (a)   Building Envelope. The area of a condominium unit within which the principal building or structure may be constructed, together with any accessory structures, as described in the master deed for the site condominium project. In a single-family residential site condominium project, the building envelope refers to the area of each condominium unit within which the dwelling and any accessory structures may be built.

   (b)   Building Site or Lot. The building envelope and the limited commons area together in a site condominium development are considered the functional equivalent of a standard subdivision lot.

   (c)   Condominium Act. The Condominium Act, Act 59 of the Michigan Public Acts of 1978, as amended.

   (d)   Condominium Building or Structure. The principal building or structure intended for or constructed upon a lot or building site, together with any attached accessory structures, e.g. in a residential development, the condominium structure would refer to the house and any attached garage. A "condominium structure" can also be a "building envelope".

   (e)   Condominium Project or Site Condominium Subdivision Project. A condominium project developed under Act 59 of the Michigan Public Acts of 1978, as amended, consisting of more than one condominium unit which is not subject to the provisions of the Subdivision Control Act 288 of 1967, as amended.

   (f)   General Commons Elements or Areas. The land area, other than the limited commons areas of the site condominium development, that is held in common by all co-owners and used for parks, streets, open space or other common activities.

   (g)   Limited Commons Elements or Areas. A portion of the general commons elements reserved in the master deed for the exclusive use of less than all of the co-owners and used for landscaping, vehicle parking areas, or driveways.

   (h)   Master Deed. The condominium document recording the condominium project, to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan for the project. All other information required by Section 8 of the Michigan Condominium Act are included.

   (i)   Setback - Front, Side, and Rear Yard. The distance measured from the respective front, side and rear yard boundary lines associated with the building lot to the respective front, side and rear of the condominium structure or building envelope.

   (j)   Site Condominium Unit. A condominium unit established in compliance with the Condominium Act which consists of an area of vacant land and a volume of vacant air space, designed and intended for separate ownership and use as described in the site condominium project master deed, and within which a building or other improvements may be constructed by the condominium unit owner.

    (k)   Condominium Documents. The master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or bylaws which affects the rights and obligations of a co-owner of the condominium.

    (l)   Condominium Subdivision Plan. The drawings and information prepared in accordance with Section 66 of the Condominium Act.

    (m)   Contractible Condominium. A condominium project from which any portion of the submitted land or buildings may be withdrawn in accordance with this chapter and the Condominium Act.

   (n)   Conversion Condominium. A condominium project containing condominium units, some or all of which were occupied before filing of a Notice of Taking Reservations under Section 7 of the Condominium Act.

    (o)   Expandable Condominium. A condominium project to which additional land may be added in accordance with this chapter and the Condominium Act.

    (p)   Notice of Proposed Action. The notice required by Section 7 of the Condominium Act, to be filed with the Village of Dimondale and the appropriate agencies of the County.

(Ord. 99-4. Passed 7-12-99; Ord. 2013-3. Passed 5-13-13.)

   (a)   All proposals to divide property other than according to the Land Division Act must go through the site plan review process of the Zoning Code. In determining whether to approve a site plan for a site condominium, the Planning Commission shall consult with the Zoning Administrator, the Village Attorney, the County Drain Commission and the Street Administrator, regarding the adequacy of the master deed, deed restrictions, utility systems and streets, site layout and design, and compliance with all requirements of the Condominium Act and this chapter. A special use permit may be required for a site condominium project where the provisions of particular sections of this chapter identify the need for such a permit.

   (b)   Prior to making a recommendation on the proposed Site Condominium Development the Planning Commission shall conduct a public hearing. Notice of the hearing shall be provided in a newspaper of general circulation not less than 15 days before the date of the hearing. Notice shall also be sent by mail or personal delivery to the owners of property for which the approval is being considered. Notice shall also be given to all persons to whom real property is assessed within 300 feet of the subject property regardless of whether the property or structures are located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. Notice is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States postal service or other public or private delivery service. The notice shall be given not less than 15 days before the date the request will be considered. If the name of the occupant is not known, the term “occupant” may be used for the intended recipient of the notice. The notice shall describe the nature of the request, indicate the property that is the subject of the request to include street addresses if such addresses exist, state when and where the request will be considered and indicate where written comments will be received concerning the request.

(Ord. 99-4. Passed 7-12-99; Ord. 2009-6. Passed 11-9-09.)

   (a)   No construction, grading, work, or other development shall be done upon the land intended to be used for a site condominium until a final site plan has been approved, except with the express permission of the Planning Commission. No permits for erosion or sanitary sewage facilities shall be issued for property in a site condominium development until a final site plan has been approved by the Planning Commission and is in effect. This requirement shall include contractible, conversion, and expandable site condominiums.

   (b)   A building, structure, or use to be placed on a condominium lot requires site plan approval under this Zoning Code before a certificate of zoning compliance may be issued.

   (c)   The Planning Commission shall have the authority to review and approve or deny preliminary and final site plans for site condominiums.

   (d)   Each site condominium unit shall be located within a zoning district that permits the proposed use and can include commercial, industrial or residential buildings.

   (e)   The building envelope and the limited commons area together in a site condominium development are considered the functional equivalent of a standard subdivision lot. The total of these site condominium lots shall not cover more than seventy-five percent of the total land area in the site condominium development, thereby leaving a minimum of twenty-five percent for general commons area.

   (f)   The site condominium developments must meet the use and dimensional requirements of the zoning district in which they are located.

   (g)   For the purposes of this chapter, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which it is located. In the case of a site condominium containing single-family detached dwelling units, not more than one dwelling unit shall be located on a condominium lot, nor shall a dwelling unit be located on a condominium lot with any other principal structure or use. Required yards shall be measured from the boundaries of a condominium lot. Ground floor coverage and floor area ratio shall be calculated using the area of the condominium lot.

   (h)   Each condominium lot shall be connected to public water and sanitary sewer facilities or have an approved water/utility system by the appropriate County and/or State agencies.

   (i)   Relocation of boundaries between adjoining condominium lots, if permitted in the condominium documents, as provided in Section 48 of the Condominium Act, shall comply with all regulations of the zoning district in which they are located and shall be approved by the Zoning Administrator. These requirements shall be made a part of the bylaws and recorded as part of the master deed.

   (j)   Each condominium lot that results from a subdivision of another condominium lot, 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 it is located and shall be approved by the Zoning Administrator. These requirements shall be made a part of the condominium bylaws and recorded as part of the master deed.

   (k)   All information required by this chapter shall be updated and furnished to the Village and the applicable certificates of zoning compliance must be approved prior to the issuance of the building permits.

(Ord. 99-4. Passed 7-12-99.)

   (a)   A preliminary site plan shall be filed for approval with the Planning Commission on or before the time the notice of proposed action is filed with the Zoning Administrator.

   (b)   The preliminary site plan shall include all land that the developer intends to include in the site condominium project and prepared in accordance with the following requirements. Fifteen copies of the site plan shall be submitted to the Village. The preliminary plan shall be drawn at a scale of not more than 100 feet to the inch and shall include or be accompanied by the following information:

      (1)   The name of the project; the name and address of the developer; the name, address and seal of a registered surveyor or engineer preparing the plan; and a description of the property to be developed.

      (2)   A key map showing the location and position of the property and its relationship to surrounding streets and the surrounding area, including existing zoning of abutting areas.

      (3)   North arrow, scale, contour interval, and legend, when appropriate.

      (4)   Contour elevations adjusted to USGS datum at not more than five-foot intervals.

      (5)   Where appropriate, flood plain contours and elevations adjusted to USGS datum.

      (6)   The location of all existing streets, lots, plats, public utilities, drains, streams or bodies of water on or abutting the property.

      (7)   The lot lines, intended layout, and intended use of the entire property owned or represented by the developer. The following shall be included:

         A.   Street and sub-street rights-of-way (locations, width and curve radii).

         B.   Proposed street names.

         C.   Boundaries of all limited common elements, general common elements and building envelopes.

         D.   Building site lines, site line dimensions to the nearest foot, site and block numbers, and building site areas to the nearest ten square feet.

      (8)   The location and dimensions of all existing or proposed easements or open space reserves, including electrical and telephone easements.

      (9)   The locations and tentative sizes of proposed sanitary sewers, storm sewers, and catch basins, water mains, culverts, bridges, ponding areas, ponds, and lagoons.

      (10)   Statements of intent, including:

         A.   Intent to utilize private water or sewerage facilities.

         B.   Zoning and lot size requirements.

         C.   Zoning requirements for front, side, and rear yards.

         D.   Size and type of street(s). (Developers are encouraged to utilize the road design and construction standards of the County Road Commission.)

         E.   Intent to install gas, sidewalks, street lights, and shade trees.

         F.   Use of rivers, streams, creeks, lakes, or ponds.

      (11)   The use and occupancy restrictions and maintenance provisions for all general and limited common elements as will be contained in the master deed.

(Ord. 99-4. Passed 7-12-99.)

   (a)   A final site plan for any phase of development shall not be filed for review by the Planning Commission unless a preliminary site plan has been approved by the Planning Commission and is in effect.

   (b)   A final site plan shall be filed for review by the Planning Commission for the total site condominium project or for each phase of development shown on the approved preliminary site plan.

   (c)   In addition to the provisions of this section, the final site plan shall meet the requirements of this Zoning Code.

   (d)   A final site plan shall include all information required in Section 66 of the Condominium Act, the master deed and the bylaws. The final site plan shall also include all information required in the site plan review section of this chapter. [EXCEPTION: In the case of a site plan application for a site condominium project that consists only of condominium lots with no buildings or other structures, the locations of and the dimensions of condominium lots, setbacks, and required yards shall be shown on the final site plan.]

   (e)   The applicant shall provide proof of approvals by all County and State agencies having jurisdiction over the improvements in the site condominium development, including, but not limited to, the County Drain Commissioner, the County Road Commission, and the District Health Department. The Planning Commission shall not approve a final 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.

(Ord. 99-4. Passed 7-12-99.)

   If a site condominium subdivision plan is revised, the final site plans shall be revised accordingly and submitted for review and approval or denial by the Planning Commission before any building permit may be issued, where such permit is required.

(Ord. 99-4. Passed 7-12-99.)

   All streets and roads, whether public or private, proposed for any site condominium, shall be developed with the minimum design, construction, inspection, approval, and maintenance requirements of the County Road Commission. In a case where private streets are proposed, the Planning Commission may approve a different set of design and construction standards if approved by the Village Engineer. The Site Condominium Association shall be responsible for maintenance, signage, and snow removal on all private roads and for the ingress and egress of all emergency and public service vehicles. Whenever a private street, as recorded in the master deed, is to be dedicated for public use, it is necessary to obtain the consent of all co-owners, mortgagees, and other persons interested in the condominium.

(Ord. 99-4. Passed 7-12-99.)

   Any amendment to a master deed or bylaws that affects the approved preliminary or final site plan shall be reviewed and approved by the Planning Commission before any building permit may be issued, where such permit is required. The Planning Commission may require its review of any amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the approved site plan.

(Ord. 99-4. Passed 7-12-99.)

   The Planning Commission may require, as a condition of approval, that an applicant enter into a development agreement with the Village of Dimondale, incorporating the terms and conditions of final site plan approval and record the same in the Office of the Register of Deeds for the County.

(Ord. 99-4. Passed 7-12-99.)

   Any application for a building permit for construction to be located in a general common element shall include written authorization by the Condominium Association for the application.

(Ord. 99-4. Passed 7-12-99.)

   Monuments shall be set at all boundary corners and deflection points and at all road right-of-way intersection corners and deflection points. Lot irons shall be set at all condominium lot corners and deflection points of condominium lot lines.

(Ord. 99-4. Passed 7-12-99; Ord. 2009-6. Passed 11-9-09.)

   All rights of way and utility easements shall be described separately from individual condominium lots and shall be accurately delineated by bearings and distances on the condominium subdivision plan and the final site plan. The rights of way and utility easements shall be separately designed for their individual purpose, such as access, roadway, location, installation, maintenance and replacing of public utilities. The developer shall dedicate to the appropriate agency all easements for utilities. All streets shall be dedicated to the Village and shall be constructed in accordance with the standards of the Village Engineer and the Village of Dimondale.

(Ord. 99-4. Passed 7-12-99.)

   All improvements in a site condominium shall comply with the design specifications as adopted by the Village of Dimondale.

(Ord. 99-4. Passed 7-12-99.)

(Ord. 2009-6. Passed 11-9-09.)

   A site condominium proposal submitted to the Village shall not be reviewed or acted upon unless the required fee, as set forth in the Village General Fee Schedule, accompanies the proposal. Any expense incurred by the Village in excess of the fee collected for the examination of or review of any document pertaining to the site condominium development shall be reimbursed in total by the developer.

(Ord. 2009-6. Passed 11-9-09.)