(a)

Site condominiums are developments in which land is divided into condominium units which consist of an area of land and a volume of air space within which building or other types of improvements may be constructed. 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 requirement of the Zoning Ordinance and other applicable laws, ordinances and regulations.

(b)

Site condominiums may also include general common elements consisting of common open space, recreational areas, streets, and other areas and amenities available for use by all owners of condominium units within the development.

(c)

This Article requires preliminary review by the Planning Commission followed by final review and approval by the Township Board of site condominium plans to ensure that site condominiums comply with this Ordinance and other applicable Township ordinances.

(Ord. No. 144, 8-13-2019)

(a)

Application for review and approval of a site condominium project shall be initiated by filing with the Zoning Administrator a completed application form, payment of the application fee as set by the Township Board and submission of nine copies of the preliminary site condominium project plan which complies with Section 109-25.03 herein and Section 107-59(a) of the Township Subdivision Ordinance.

(b)

The Zoning Administrator shall review the application and the preliminary site condominium project plan to determine their completeness and to provide any appropriate comments to the Planning Commission. If the preliminary site condominium project plan and/or the application are not complete, such documents shall be returned to the applicant with a written explanation of any deficiencies.

A corrected application and/or preliminary site condominium project plan may be filed without payment of a new application fee if submitted within six months of the date of the return of the documents to the applicant. If complete, the Zoning Administrator shall forward to the Planning Commission, the application and the copies of the preliminary site condominium project plan, together with any comments.

(c)

The Planning Commission shall review the preliminary site condominium development plan for compliance with the standards and requirements contained in Sections 109-24.03 and 109-24.04 herein. All of the requirements for plats, as set forth in Ordinance 107 shall be requirements for site condominium developments.

(d)

As part of its review the Planning Commission shall require that the plan be submitted to the Mason County Health Department, Mason County Road Commission, Mason County Drain Commission, Michigan Department of Natural Resources, Michigan Department of Public Health, and other appropriate state and county review and enforcement agencies for their successors, to the extent that any such agency has direct authority or other oversight over any aspect of the proposed site condominium project.

(e)

Such review shall take place following a public hearing by the Planning Commission on the preliminary plan. Notice of the hearing shall be as required in Article 33 herein.

(f)

After the Planning Commission has completed its review and recommendations, the applicant shall submit to the Zoning Administrator nine copies of a final site condominium project plan which complies with the requirements of this subsection. Such 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 site condominium project 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 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 which was reviewed by the Planning Commission. Changes made to the plan other than those necessary to incorporate the recommendations of the Planning Commission shall be reviewed by the Planning Commission as provided by this section prior to approval of the plan by the Township Board.

(g)

The Township Board shall review the final site condominium development plan from the applicant and may approve, deny or approve with conditions the plan in accordance with the standards and requirements of this Article.

(h)

The Township Board may require that a cash deposit, certified 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 the Zoning Act (MCL 125.3101 et seq.).

(Ord. No. 144, 8-13-2019)

A site condominium project plan shall include all the information and documents required by section 66 of the Condominium Act (MCL 559.166), and by Section 107-59(a) of the Township Subdivision Ordinance and shall also 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. Any provisions for time-share units, time-share estates, time-share licenses, leasehold condominiums, or other restrictions or regulations concerning co-ownership, Short-term rental, leasing or temporary occupancy of condominium units that shall be included in the master deed.

(b)

A storm drainage and stormwater management plan, including all lines, swales, drains, basins, and other facilities and easements granted to the appropriate municipality for installation, repair, and maintenance of all drainage facilities.

(c)

A utility plan showing all water and sewer lines and easements granted to the appropriate municipality for installation, repair, and maintenance of all utilities.

(d)

A narrative describing the overall objectives of the proposed site condominium project.

(e)

A narrative describing the proposed method of providing potable water supply, waste disposal facilities, and public and private utilities.

(f)

A street construction, paving and maintenance plan for all public and private streets within the proposed condominium project.

(g)

A schedule for the dates of the completion of the construction and/or installation of utilities and streets.

(Ord. No. 144, 8-13-2019)

An application and the submitted plans for approval of a site condominium project shall be reviewed in accordance with the standards for site plan review under this Ordinance, the Design Standard requirements of Section 107.80-88 of the Township Subdivision Ordinance as applicable and the following standards and requirements:

(a)

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 layouts and design, or other aspects of the proposed project, and compliance of the proposed project with all requirements of the Condominium Act (MCL 559.101 et seq.) or other applicable laws, ordinances, or regulations.

(b)

The building site for each site condominium unit shall comply with all applicable regulations of the zoning district in which it is located, including, without limitation, 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 yard boundaries of the building site to the closest respective front, side, or rear boundary of the building envelope. With regard to building height, the condominium documents shall expressly provide that no building shall exceed the maximum building height permitted by the applicable zoning district regulations.

(c)

Public Streets. If a site condominium project is proposed to have public streets, the streets shall be paved and developed to the minimum design, construction, inspection, approval, and maintenance requirements for platted public streets as required by the Mason County Road Commission and shall be appropriately dedicated to the public.

(d)

Private Streets. All private streets in a site condominium project shall be developed in accordance with the requirements of Section 109-3.45 herein.

(e)

Water and Sewer System Availability.

(1)

A site condominium project, proposed to be located in the Township areas north of the Pere Marquette River, shall be connected to the Township's public water system and public sanitary sewer system, if available. For purposes of this section, the Township's public water and/or public sanitary sewer system shall be deemed to be available if a water main or a sanitary sewer line to which connection can be made (in light of capacity, engineering, and other requirements) is located within 2,700 feet of the site condominium project's nearest entrance.

(2)

For a site condominium project proposed to be located in an area of the Township south of the Pere Marquette River, the Township's public water and public sanitary sewer systems are not available. However, at such time as the Township's water system or sanitary sewer system may be extended by the Township to areas south of the Pere Marquette River, proposed projects shall comply with subsection (e)(1) of this section.

(3)

In the event that the Township extends its water system and/or its sewer system so that it becomes available, as determined under subsection (e)(1) of this section, to any existing site condominium project, then such project shall be required to connect to such available system as is otherwise provided by applicable law, ordinance or regulation. However, no connection to the Township water system and/or sewer system is required so long as the private water and/or sewer system continues to receive approval permits from the Mason County Health Department and Michigan Department of Environment, Great Lakes and Energy.

(4)

If the Township's water system and/or the sanitary sewer system is not available to provide service to a site condominium project, the project shall be served by privately owned water and septic/sewage systems (for individual lots or for a community system) that have received all necessary approvals and permits by the State, the Mason County Health Department and/or the Township in accordance with applicable standards and rules.

(f)

A streetlight shall be installed at each intersection where the streets developed as part of the site condominium project intersect with a previously established public road or street.

(g)

Sidewalks. Sidewalks shall be installed in accordance with the requirements of Article 30 of this Ordinance.

(Ord. No. 144, 8-13-2019)

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. No. 144, 8-13-2019)

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. No. 144, 8-13-2019)

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 Article.

(Ord. No. 144, 8-13-2019)

Any change proposed in connection with a development for which a final site condominium plan has previously been approved shall be regulated by this section.

The following definitions shall apply:

(a)

"Exempt change" means a change to a site condominium project (other than a major or minor change) that is exempt from review and approval as required for major or minor changes under this chapter. Exempt changes shall be limited to the following:

(1)

A change in the name of the development; in the name of a street within the development; or in the name of the developer;

(2)

A change in the voting rights of co-owners or mortgagees; or

(3)

Any other change in the site condominium development which, as determined by the Zoning Administrator, does not constitute a major or minor change or will not otherwise change the site configuration, design, layout, topography or any other aspect of a development which is subject to regulation under the Zoning Ordinance.

(b)

"Major change" means a major change in the site configuration, design, layout or topography of a site condominium development (or any portion thereof), including any change that could result in:

(1)

An increase in the number of site condominium units;

(2)

Any other change in the site configuration, design, layout, topography, or other aspect of the project which is subject to regulation under this Zoning Ordinance, including, without limitation, a change in the location of streets and utilities, or in the size, location, area, horizontal boundaries or vertical boundaries of a site condominium unit, and which is determined by the Zoning Administrator to constitute a major change to the site condominium project.

(c)

"Minor change" means a minor change in the site configuration, design, layout or topography of a site condominium development (or any portion thereof), including any change that will result in:

(1)

A decrease in the number of site condominium units;

(2)

A reduction in the area of the building site for any site condominium unit;

(3)

A reduction of less than ten percent in the total combined area of the general common elements of the site condominium;

(4)

A reduction in the total combined area of all limited common elements of the site condominium;

(5)

Any other minor variation in the site configuration, design, layout, topography or other aspect of the development which is subject to regulation under this Zoning Ordinance, and which, as determined by the Zoning Administrator, does not constitute a major change.

Any change which constitutes a major change shall be reviewed by the Planning Commission, at a public hearing and with the notice required for an original approval of a site condominium development, and shall also be reviewed and approved by the Township Board, as provided in this chapter for the original review and approval of preliminary and final plans.

Any change which constitutes a minor change shall be reviewed and approved by the Zoning Administrator, in conjunction with the chairperson of the Planning Commission. In the discretion of the Administrator and Chairperson, any such minor change may be reviewed and approved by the Planning Commission, at a public meeting, but without the public hearing or mailed notice requirement otherwise provided in this chapter for an original approval.

Any change which constitutes an exempt change shall not be subject to review by the Township under this chapter, but a copy of the exempt changes shall be filed with the Zoning Administrator.

(Ord. No. 144, 8-13-2019)

All provisions of a final site condominium project plan which are approved by the Township Board as provided by this section shall be incorporated, as approved, in the master deed for the site condominium project. A copy of the master deed as filed with the Mason County Register of Deeds for recording shall be provided to the township within ten days after filing the plan with the county.

(Ord. No. 144, 8-13-2019)

Construction of an approved site condominium development shall commence within two years after such approval and be diligently pursued to completion in accordance with the terms and conditions of the approval. Such two-year period may be extended by the Township Board in its discretion, for additional periods of time as determined appropriate by the Board. Any such extension shall be applied for by the applicant within such two-year period.

(Ord. No. 144, 8-13-2019)

This section 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 section (an existing project):

(a)

A condominium master deed was recorded for the project with the Mason County Register of Deeds in accordance with the requirements of the Condominium Act (MCL 559.101 et seq.) and other applicable laws and ordinances; and

(b)

The existing project fully complies with all other applicable requirements under township ordinances in effect on the date when the condominium master deed was recorded.

The exemption provided by this section shall apply only to an existing project precisely as described in the condominium master deed recorded for the existing project on the effective date of this section, and not to any subsequent expansion, conversion, or re-platting of the existing project or subsequent modification or amendment to the master deed, all of which shall be fully subject to the review and approval requirements as provided by this section.

(Ord. No. 144, 8-13-2019)

A variance from the site condominium provisions and requirements of this article shall be processed according to the requirements of Section 107-26 of the Township Subdivision Ordinance. However, variances for the specific site development standards of the zoning district in which the project is located such as lot width, lot setbacks and similar standards shall be considered by the Township Zoning Board of Appeals in accordance with the requirements of Article 32 herein.

(Ord. No. 144, 8-13-2019)