A.

A site condominium unit shall be a unit created by the division of land on the basis of condominium ownership that is not subject to the provisions of the Land Division Act, Public Act 288 of 1967, as amended.

B.

A site condominium unit shall be treated as a separate lot or parcel and may have buildings constructed and uses conducted thereon provided the unit meets the use and district regulations for a lot for the zoning district in which it is located.

C.

A site plan, including all the condominium documents required for the establishment of a condominium, shall be reviewed and approved by the planning commission in accordance with chapter 14.

D.

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

E.

The zoning administrator and the city engineer may grant a delay in the setting of required monuments or irons for a reasonable time, but not to exceed one year from the date of approval by the city council, on condition that the developer deposit with the city clerk cash, a certified check, or an irrevocable bank letter of credit benefiting the City of Muskegon Heights, whichever the city selects, in an amount as determined from time to time by resolution of the city council.

F.

The deposit shall be returned to the developer upon receipt of a certificate by a surveyor registered in the State of Michigan that the monuments and irons have been set as required, within the time specified.

G.

If the developer defaults, the city council shall promptly engage a registered surveyor to set the monuments and irons in the ground as shown on the condominium site plan, at the developer's expense.

H.

All rights-of-way and utility easements shall be described separately from individual condominium sites and shall be accurately delineated by bearings and distances on the condominium subdivision plan and the final site plan.

I.

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.

J.

The developer shall dedicate to the City of Muskegon Heights all easements for utilities. Water, sewer and electrical easements may be placed within public rights-of-way, subject to the approval of the city engineer and City of Muskegon Heights standards.

K.

All streets proposed for any site condominium shall be developed within the minimum design, construction, inspection, approval, and maintenance requirements of this ordinance and other ordinances of the City of Muskegon Heights.

(Ord. No. 19-635, 9-23-19)

A.

No lot, parcel of land, or access or private street easement shall be created or modified that does not fully comply with the minimum area, width, lot width-to-depth ratio, frontage, access and other dimensional requirements of this ordinance. All land divisions, lot splits, or property boundary reconfigurations of platted lots and unplatted parcels of land shall comply with all applicable requirements of this ordinance and the Michigan Land Division Act.

B.

No land division, lot split, creation of an access or private street easement, or reconfiguration or change of property boundary lines shall occur unless and until a land division permit has been obtained from the city zoning administrator or such other person as may be designated for such purpose by resolution of the city council. No permit for a land division shall be issued unless and until the city determines that the land division, lot split, access or private street easement, or boundary reconfiguration, as well as the resulting lots, parcels of land, or access or private street easements, fully complies with the requirements of this ordinance and all other applicable city ordinances.

C.

Fees for a land division permit shall be established from time to time by resolution of the city council. No land division permit shall be approved or issued unless the application for such permit is accompanied by a survey prepared by a registered land surveyor showing all resulting lots or parcels of land, easements (if any), and all legal descriptions thereof, unless the zoning administrator waives the survey requirement for good cause shown.

D.

All land divisions must comply with the city's land division ordinance (or equivalent city ordinance or code).

(Ord. No. 19-635, 9-23-19)