Hopkins Township City Zoning Code
SITE CONDOMINIUM
PROJECTS
§ 157.270 PURPOSE AND SCOPE.
(A) 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, appurtenant limited common element, shall be considered to constitute a building site which is the functional equivalent of a “lot” for purposes of determining compliance with the requirements of this subchapter and other applicable laws, ordinances and regulations. Site condominium projects may also include general common elements consisting of common open space, recreational areas, streets and other areas available for use by all owners of condominium units within the project.
(B) This subchapter requires preliminary review by the Planning Commission followed by final review and approval by the Township Board of site condominium project plans to ensure that site condominium projects comply with this subchapter. Site condominium projects may be approved as provided by this subchapter only for the support of land uses that are permitted in the zoning district in which the project is proposed.
(Ord. 3-2004, passed 8-9-2004)
§ 157.271 STEP 1 - REVIEW OF PRELIMINARY PLANS BY THE PLANNING COMMISSION.
(A) Prior to final review and approval of a site condominium project plan by the Township Board, a preliminary site condominium project plan shall be reviewed by the Planning Commission in accordance with the procedures, standards and requirements provided by this subchapter.
(B) Application for review and approval of a site condominium project plan shall be initiated by submitting to the Township Clerk:
(1) A minimum of 13 copies of a preliminary site condominium project plan which complies with the final site plan content requirements of §§ 157.320, 157.321 and 157.323 of this chapter; and
(2) An application fee in accordance with the fee schedule established by resolution of the Township Board. The Township Clerk shall forward the copies of the preliminary plan to the Planning Commission.
(C) The full Planning Commission shall review the preliminary site condominium project plan in accordance with the applicable standards and requirements contained in §§ 157.315 through 157.332 of this chapter and in accordance with the following additional standards and requirements.
(1) In its review of a site condominium project plan, the Planning Commission may consult with the Zoning Administrator, Township Attorney, Township Engineer, Township Fire Chief, Township Planner or other appropriate persons regarding the adequacy of the proposed common elements and maintenance provisions, use and occupancy restrictions, utility systems and streets, project layout and design or other aspects of the proposed project.
(2) Prior to acting on a preliminary site condominium project plan, the Planning Commission will hold a public hearing thereon. Notice of the time and place of the hearing will be mailed to the proprietor and to the owners of land immediately adjoining the land to be developed and to those owning land and/or occupying structures within 300 feet of the proposed project land area. The notice will be mailed in advance of the hearing and specify the place, time and date of the hearing. The notice will be given not less than five, nor more than 15, days before the date of the meeting. Such notice will also be published in a newspaper of general circulation within the township not less than five days before the hearing.
(D) Prior to making a recommendation on a preliminary plan, the Planning Commission shall require that portions of the plan as relevant to the reviewing authority in question be submitted to the County Health Department, County Road Commission, County Drain Commission, State Department of Environmental Quality, State Department of Public Health and other appropriate state and county review and enforcement agencies having direct approval or permitting authority over any aspect of the proposed site condominium project.
(Ord. 3-2004, passed 8-9-2004)
§ 157.272 PLANNING COMMISSION RECOMMENDATION.
After reviewing the preliminary site condominium project plan, the Planning Commission shall prepare a written statement of recommendations regarding the proposed site condominium project, including any suggested or required changes in the plan. The Planning Commission shall provide a copy of its written recommendations to the applicant and to the Township Board.
(Ord. 3-2004, passed 8-9-2004)
§ 157.273 STEP 2 - REVIEW AND APPROVAL OF FINAL PLANS BY TOWNSHIP BOARD.
(A) After receiving the Planning Commission’s recommendations on the preliminary plan, the applicant shall submit to the Township Clerk a minimum of ten copies of a final site condominium development plan which complies with the requirements of §§ 157.320, 157.321 and 157.322 of this chapter. The Township Clerk shall forward the copies of the final plan to the Township Board.
(B) The final site condominium project plan submitted by the applicant shall incorporate all of the recommendations, if any, made by the Planning Commission based on its prior review of the preliminary plan. If any of the Planning Commission’s recommendations are not incorporated in the final plan, the applicant shall clearly specify in writing which recommendations have not been incorporated and the reasons why those recommendations have not been incorporated. Except for the changes made to the plan as necessary to incorporate the recommendations of the Planning Commission, the final plan shall otherwise be identical to the preliminary plan that was reviewed by the Planning Commission. Major changes made to the plan other than those necessary to incorporated the recommendations of the Planning Commission shall be reviewed by the Planning Commission and will necessitate a second preliminary review as provided by this subchapter prior to approval of the plan by the Township Board.
(C) After receiving the Planning Commission’s recommendations on the preliminary plan and a final site condominium development plan from the applicant, the Township Board shall proceed to review and may approve, deny or approve with conditions the plan in accordance with the procedures, standards and requirements provided or referenced by this subchapter.
(D) As a condition of approval of a final site condominium project plan, the Township Board may require that a cash deposit, certifies check, irrevocable bank letter of credit or surety bond acceptable to the Board covering the estimated cost of improvements associated with the site condominium project for which approval is sought be deposited with the township as provided by § 16(f) of the Township Rural Zoning Act.
(Ord. 3-2004, passed 8-9-2004)
§ 157.274 SITE CONDOMINIUM SUBDIVISION LAYOUT, DESIGN AND REQUIRED IMPROVEMENTS.
(A) Conformance with zoning. All land uses and building sites within a site condominium subdivision project shall be subject to the requirements of this subchapter for that zoning district in which it is located. The building site for each site condominium unit shall comply with all applicable provisions of this subchapter, including minimum lot area, minimum lot width, required front, side and rear yards, and maximum building height. For example, the area and width of the building site shall be used to determine compliance with the minimum lot area and lot width requirements. Compliance with required front, side and rear yards shall be determined by measuring the distance from the equivalent front, side or rear boundary of the building envelope.
(B) Streets. All site condominium subdivision lots shall be served by a road system constructed in accordance with the regulations of the County Road Commission or with private streets constructed under the standards of the township. All streets shall be paved and all public streets shall be developed to the minimum design, construction, inspection, approval and maintenance requirements for platted public streets as required by the County Road Commission. Private streets shall be limited in extent and may serve a maximum of ten units or building sites within a site condominium project. All private streets in a site condominium project shall be reviewed and developed in compliance with the minimum design, construction, inspection and maintenance standards of § 155.07(E)(2)(a) through (E)(2)(e) of this code of ordinances; except that, the surface of such streets shall consist of five inches of M.D.O.T. spec.6.09 concrete or two and one-half inches of M.D.O.T. spec. 4.00 asphalt surface.
(C) Water, sanitary sewer, storm drainage and private utilities.
(1) The site condominium project shall be connected to the township’s water and sanitary sewer facilities, if available. If public water and sanitary sewer facilities are not available, each condominium unit shall either be served by a private central system (designed for connection to a public system when and if a public system is made available), or shall have a well, septic tank and drain field located within the condominium unit’s building site. Water and sanitary sewer facilities shall be approved by the County Department of Health and the Township Board in accordance with applicable standards.
(2) All telephone, electric, gas, cable television utilities, when provided, shall be installed underground within casements dedicated for such use.
(3) Storm drainage collection, retention and detention facilities shall be constructed to County Drain Commission standards and recommendations.
(D) Other required improvements.
(1) Monuments shall be located in the ground at all angles along the boundaries of the site condominium subdivision. These monuments 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.
(2) All corners of lots within a site condominium subdivision shall be staked in the field by iron or steel bars or iron pipes at least 18 inches long and one-half inch in diameter or other markers as approved by the Township Building Inspector.
(3) Consistent with the requirements for subdivision development accomplished under Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended, being the State Land Division Act, as amended, and Ch. 156 of this code of ordinances, the requirements for subdivision design and subdivision improvements such as sidewalks, street trees, street lights as outlined in §§ 156.035 through 156.043 and 156.055 through 156.059 of this code of ordinances shall be applied to site condominium projects unless specifically waved by the Township Board.
(E) Law. The requirements, procedures, regulations and powers set forth in the Condominium Act, Public Act 59 of 1978, Being M.C.L.A. §§ 559.101 through 559.272, as amended, shall apply except as provided by this subchapter.
(F) Inspections and specifications. The Township Board may establish inspections fees, inspection requirements, specification standards, and administrative procedures as provided by law and such shall be deemed to be requirements of this subchapter. All plans and installation of improvements called for shall be subject to the approval of the township or its agent, or such other competent persons as designated by the township. The applicant shall pay all inspection fees before the Township Supervisor signs the final plan, unless adequate sureties or deposits to cover such expenses are provided to the township prior to final plan approval.
(G) Variances.
(1) Building site area, width and depth regulations. Variances with respect to individual building site width, depth and area regulations governed by the district regulations of the Zoning District in which the site condominium project is located shall be made to the Zoning Board of Appeals pursuant to the procedures, rules and conditions contained in this subchapter.
(2) Applications. The petitioner shall make applications for any variance or planned development in writing at the time when preliminary plan is filed for the consideration of the Planning Commission. The application shall state fully and clearly all facts relied upon by the petitioner and shall be supplemented with maps, plans or other additional data which may aid the Planning Commission or Zoning Board of Appeals in the analysis of the proposed variance.
(H) Protected and uninhabitable areas. For properties affected by the riparian area protection overlay zone as delineated on the “riparian areas protection overlay map,” and the official zoning map, master deed provisions and restrictive covenants shall include the following statement: “There shall be no clearing, grading, placement of fill, construction or disturbance of vegetation within any lot (unit), out-lot, park or common area labeled “natural vegetation zone” or “transition zone” as it appears on the exhibit (insert letter designation) drawings of this development except as permitted by §§ 157.420 through 157.425.”
Ord. 3-2004, passed 8-9-2004; Ord. passed - -2007)
§ 157.275 CONTENTS OF FINAL SITE CONDOMINIUM PROJECT PLANS.
A final site condominium project plan shall include the documents and information required by § 66 of the Condominium Act, being M.C.L.A. §§ 559.101 through 559.272, and §§ 157.320, 157.321 and 157.322 of this chapter as determined necessary by the Planning Commission for review of a preliminary plan or by the Township Board for review of a final plan, and shall otherwise include the following:
(A) The use and occupancy restrictions and maintenance provisions for all general and limited common elements that will be included in the master deed;
(B) A utility plan showing all water and sewer lines and easements granted to the appropriate municipality for installation, repair and maintenance of all utilities;
(C) A narrative describing the overall objectives of the proposed site condominium project;
(D) A narrative describing the proposed method of providing potable water supply, waste disposal facilities and public and private utilities;
(E) A street construction, paving and maintenance plan for all public and private streets within the proposed condominium project;
(F) A complete list of other review and approval agencies and copies of all comments, recommendations and letters of approval of any agencies of the county, state or federal government having jurisdiction over any element of the plan or its construction; and
(G) Street and site grading, storm drainage and storm water management construction plans, including all lines, swales, drains, basins and others facilities and easements proposed to be granted to the appropriate municipality for installation, repair and maintenance of all drainage facilities.
(H) Identification of the limits of any required “natural vegetation zone” and/or “transition zone” adjacent to a riparian feature, as established by the riparian area protection standards contained in §§ 157.420 to 157.425.
(Ord. 3-2004, passed 8-9-2004; Ord. passed - -2007)
§ 157.276 CONSTRUCTION IN COMPLIANCE WITH APPROVED FINAL SITE CONDOMINIUM PROJECT PLAN.
No buildings or structures shall be constructed, nor shall any other site improvements or changes be made, on the property in connection with a proposed site condominium project except in compliance with a final site condominium project plan as approved by the Township Board, including any conditions of approval.
(Ord. 3-2004, passed 8-9-2004)
§ 157.277 COMMENCEMENT OF CONSTRUCTION; ISSUANCE OF PERMITS.
After an application for preliminary plan approval for a site condominium project has been submitted as provided under § 157.271 of this chapter, no construction, grading, tree removal, soil stripping or other site improvements or changes shall be commenced by any person and no building, construction or grading permits shall be issued by the Building Inspector for a site condominium project until:
(A) A final site condominium project plan has been approved by the Township Board;
(B) All conditions to commencement of construction imposed by the Township Board have been met; and
(C) All applicable approvals or permits from appropriate county and state review and enforcement agencies have been obtained for the project.
(Ord. 3-2004, passed 8-9-2004)
§ 157.278 EXPANDABLE OR CONVERTIBLE CONDOMINIUM PROJECTS.
Approval of a final site condominium project plan shall not constitute approval of expandable or convertible portions of a site condominium project unless the expandable or convertible areas were specifically reviewed and approved by the Township Board in compliance with the procedures, standards and requirements of this subchapter.
(Ord. 3-2004, passed 8-9-2004)
§ 157.279 REVIEW AND APPROVAL OF CHANGES TO APPROVED SITE CONDOMINIUM PROJECTS.
Any change proposed in connection with a project for which the Township Board has previously approved a final site condominium project plan shall be subject to review as provided by this section.
(A) Any change that constitutes a major change shall be reviewed by the Planning Commission and reviewed and approved by the Township Board as provided by this subchapter for the original review and approval of preliminary and final plans.
(B) Any change that constitutes a minor change shall be reviewed and approved by the Planning Commission alone, without the need for a public hearing.
(C) Any change which constitutes an exempt change shall not be subject to review by the township under this subchapter, but a copy of the changes proposed (and of the changes made, if different than proposed) shall be filed with the Township Clerk.
(Ord. 3-2004, passed 8-9-2004)
§ 157.280 INCORPORATION OF APPROVED PROVISIONS IN MASTER DEED.
(A) All provisions of a final site condominium project plan which are approved by the Township Board as provided by this subchapter shall be incorporated by reference in the master deed for the site condominium project.
(B) Further, all major changes to a project shall be incorporated by reference in the master deed.
(C) A copy of the master deed as filed with the County Register of Deeds for recording shall be provided to the township within ten days after filing the plan with the county.
(Ord. 3-2004, passed 8-9-2004)
§ 157.281 APPROVAL EFFECTIVE FOR ONE YEAR.
(A) No approval of a final site condominium project plan by the Township Board shall be effective for a period of more than one year, unless construction of the project commences within that one year period and diligently pursued to completion in accordance with the terms and conditions of the approval.
(B) The Board in its discretion may extend this one-year period for additional periods of time as determined appropriate by the Board if the applicant applies for the extension within the effective period of the approval.
(Ord. 3-2004, passed 8-9-2004)
§ 157.282 EXEMPTION OF EXISTING PROJECT.
(A) This subchapter shall not apply to a site condominium project which is determined by the Township Board to have met the following conditions as of the effective date of this subchapter (an “existing” project):
(1) A condominium master deed was recorded for the project with the County Register of Deeds in accordance with the requirements of the Condominium Act and other applicable laws and ordinances; and
(2) The project fully complied with all other applicable requirements under township ordinances in effect on the date when the condominium master deed was recorded.
(B) (1) The exemption provided by this section shall apply only to an existing project as described in the condominium master deed recorded for the project on the effective date of this subchapter, including any subsequent change which would constitute:
(a) Exempt change, whether or not the Condominium Act would require an amendment of the master deed as a result of the change; or
(b) A minor change for which the Condominium Act would not require an amendment of the master deed.
(2) However, this exemption shall not apply to any subsequent expansion, conversion or re-platting of the project, or subsequent major change to the project, which shall be fully subject to the applicable review and approval requirements as provided by this subchapter.
(Ord. 3-2004, passed 8-9-2004)
§ 157.283 DEFINITIONS.
(A) For purpose of determining compliance with the applicable requirements of this subchapter (including, without limitation, height, area, yard and density requirements) or with other applicable laws, ordinances, rules or regulations, a “building site” shall be considered to be the equivalent of a “lot” as defined in § 157.005 of this chapter.
(B) Except as otherwise provided by this subchapter, all words and phrases used in this subchapter which are specifically defined in the Condominium Act, being M.C.L.A. §§ 559.101 through 559.272, shall have the meanings given to them in the Condominium Act, being M.C.L.A. §§ 559.101 through 559.272, including, but without limitation, common elements, condominium unit, general common elements and master deed.
(C) For the purpose of this subchapter only, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING ENVELOPE. The area of a condominium unit within which the principal building or structure may be constructed, together with any accessory structures, as describe 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 dwellings and any accessory structures may be built.
BUILDING SITE. An area within a site condominium project which may be either:
(a) The area within the site condominium unit itself (i.e., exclusive of any appurtenant limited common element), including the area under the building envelope and the area around and contiguous to the building envelope; or
(b) The area within the site condominium unit itself (as describe in division (a) above), together with the area of any contiguous and appurtenant limited common element.
CONDOMINIUM ACT. Public Act 59 of 978, , being M.C.L.A. §§ 559.101 through 559.272, as amended, or a successor state public act having the same or similar regulatory purpose, as amended.
LIMITED COMMON ELEMENT. An area which is appurtenant to a site condominium unit and which is reserved in the master deed for the site condominium project for the exclusive use of the owner of the site condominium unit.
SITE CONDOMINIUM. A condominium unit established in compliance with the Condominium Act, being M.C.L.A. §§ 559.101 through 559.272, which consists of an area of vacant land and a volume of surface or sub-surface 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.
SITE CONDOMINIUM PROJECT. A project consisting of not less than two site condominium units which are established and regulated pursuant to the Condominium Act, being M.C.L.A. §§ 559.101 through 559.272.
SITE CONDOMINIUM PROJECT PLAN. The plans, drawings and information prepared for a site condominium project as required by and described in the Condominium Act, being M.C.L.A. §§ 559.101 through 559.272, including, but without limitation, § 66 of that Act, and as required by and described in this subchapter for site plan review and possible site plan approval for the site condominium project by the Planning Commission and the Township Board.
(D) The definitions assigned to words and phrases elsewhere in this chapter shall also apply in this subchapter.
(Ord. 3-2004, passed 8-9-2004)
§ 157.284 EFFECTIVE DATE.
This subchapter was approved and adopted by the Township Board on 8-9-2004, after a public hearing as required pursuant to Public Act 184 of 1943, being M.C.L.A. §§ 125.271 through 125.301, as amended. This subchapter shall be effective on the eighth day after publication as required in § 11a of Public Act 184 of 1943, as amended. This effective date shall be extended as necessary to comply with the requirements of § 12 of Public Act 184 of 1943, as amended.
(Ord. 3-2004, passed 8-9-2004)