This article is intended to provide for condominium projects within the township, establish comparable regulations to guide development of such projects in a manner similar to comparable development allowed within this chapter and chapter 16, pertaining to subdivisions, and to establish development standards and required information to ensure adequate compliance within the purposes of this chapter, including:

(1)

Orderly growth and harmonious development of the community as planned for in the township master plan;

(2)

Securing adequate traffic circulation and safety through coordinated street systems with relation to the county and state paved road system, future development, public services and facilities;

(3)

Providing 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 present residents of the township;

(4)

Securing adequate provisions for water supply, storm drainage, sanitary sewage disposal and other public health and safety needs, including safe and coordinated interconnection with existing and planned paved roadways, and to provide for the achievement of these purposes; and

(5)

Providing for an environmental assessment and when necessary to evaluate the impact of proposed developments to ensure minimum impact of the natural environment, including but not limited to the wetlands, surface waters, groundwater, flora and fauna of the community.

(Ord. No. 151, § 17.01, 6-13-2007)

In addition to the terms defined in section 38-6, the terms defined in the condominium act, Public Act No. 59 of 1978 (MCL 559.101 et seq.), and chapter 16, pertaining to subdivisions, shall have the meanings as defined therein and are incorporated by reference.

(Ord. No. 151, § 17.02, 6-13-2007; Ord. of 9-5-2008(1), § 4)

Cross reference— Definitions generally, § 1-2.

Concurrently with notice required to be given the township pursuant to section 71 of Public Act No. 59 of 1978 (MCL 559.171), a person 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.

Ownership of record in the land on which the condominium project will be located together with a description of the nature of each entity's interest (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 (e.g., residential, commercial, industrial, etc.).

(5)

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

(6)

Whether or not a community water system is contemplated.

(7)

Whether or not a community septic system is contemplated.

(8)

A site plan meeting the requirements of article II, division 3 of this chapter for any project proposing new construction or additions, or renovations to existing sites.

(9)

All plans and materials required to demonstrate compliance with chapter 16, pertaining to road standards and other applicable township ordinances.

(10)

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

(Ord. No. 151, § 17.03, 6-13-2007)

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

(Ord. No. 151, § 17.04, 6-13-2007)

(a)

Prior to recording of the master deed required by section 72 of the Michigan condominium act, as amended (MCL 559.108), the condominium project shall undergo site plan review and approval under the requirements of article II, division 3 of this chapter, this section and chapter 16, pertaining to road standards. In addition, the township 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 to 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 township board in addition to those otherwise required by township ordinances.

(b)

All condominium plans shall be reviewed under the following procedure:

(1)

Tentative preliminary approval.

a.

A full site plan, meeting the requirements of article II, division 3 of this chapter, and a preliminary road plan shall be submitted for preliminary condominium site plan approval by the township board, based upon a recommendation by the planning commission. Plans shall be reviewed by the township staff and consultants to provide written recommendations to the planning commission. The planning commission shall review the site plan following the procedures of article II, division 3 of this chapter at a public hearing required under section 38-46 and make a recommendation to the township board 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.

b.

Based upon the recommendation of the planning commission, the township board may tentatively approve the preliminary site plan. An application for final preliminary condominium site plan must be submitted within one year after the date of tentative approval preliminary condominium site plan by the township board, or such tentative preliminary approval shall be deemed null and void. The proprietor may be granted one six-month extension with approval from the township board.

c.

No installation or construction of any improvements or land balancing or grading shall be made or begun until the final preliminary condominium site plan has been approved. No removal of trees and/or other vegetation shall be started at this time except for minor clearing required for surveying and staking purposes.

1.

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

2.

Final preliminary approval. The following information shall be submitted for final preliminary condominium site plan approval by the township board, based upon a recommendation by the planning commission. Plans shall be reviewed by the township staff, engineer, and planner and the fire authority to provide written recommendations to the planning commission. The planning commission shall review the site plan following the procedures of article II, division 3 of this chapter and make a recommendation to the township board 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.

(i)

Full site plan meeting the requirements of article II, division 3 of this chapter. 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.

(ii)

A final preliminary road plan meeting the requirements of chapter 16, pertaining to road standards.

(iii)

County and state approvals applicable to the development.

(iv)

Condominium master deed and bylaws.

(2)

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

(3)

Final approval of master deed, restrictive covenants and as-built survey. The condominium project developer or proprietor shall furnish the township with the following: one copy of the finalized draft of the master deed, one copy of all restrictive covenants and two copies of an as-built survey. The as-built survey shall be reviewed by the township engineer for engineering aspects and the township planner for compliance with township ordinances. The master deed, restrictive covenants and as-built survey shall be approved by the township board. The master deed shall be recorded with the county register of deeds following final approval by the township board.

(Ord. No. 151, § 17.05, 6-13-2007)

All condominium projects which consist in whole or in part of condominium units that are building sites, mobile home sites, or recreational sites shall be marked with monuments as provided in this section.

(1)

Monuments shall be located in the ground and made according to the following requirement, but it is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the condominium project if the angle points can be readily reestablished by reference to monuments along the sidelines of the streets.

(2)

All monuments used 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.

(3)

Monuments shall be located in the ground at all angles in the boundaries of the condominium project; at all intersection lines of streets and at the intersection of the lines of streets with the boundaries of the condominium project and at the intersection of alleys with the boundaries of the condominium project; at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in all side lines of streets and alleys; at all angles of an intermediate traverse line and at intersections with elements and all common elements.

(4)

If the required location of a monument is an inaccessible place, or where the locating of a monument would be clearly impracticable, it is sufficient to place a reference monument nearby and the precise location thereof are clearly indicated on the plans and referenced to the true point.

(5)

If a point required to be monumented is on a bedrock outcropping, a steel rod, at least one-half inch in diameter shall be drilled and grouted into solid rock to a depth of at least eight inches.

(6)

All required monuments shall be placed flush with the ground where practicable.

(7)

All unit corners shall be monumented in the field by iron or steel bars or iron pipes at least 18 inches long and one-half inch in diameter, or other approved markers.

(8)

The township board may waive the placing of any of the required monuments and markers for a reasonable time, not to exceed one year, on the condition that the proprietor deposits with the township clerk cash or a certified check, or irrevocable bank letter of credit running to the township, whichever the proprietor selects, in an amount set by resolution of the township board. Such cash, certified check or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate by a surveyor that the monuments and markers have been placed as required within the time specified.

(Ord. No. 151, § 17.06, 6-13-2007)

All condominium projects shall be marked at their boundaries with monuments meeting the requirements of section 38-549.

(Ord. No. 151, § 17.07, 6-13-2007)

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 or stream shall not be included in the unit area of a site condominium lot, but shall be recorded as general common element.

(Ord. No. 151, § 17.08, 6-13-2007)

All condominium subdivisions or site condominium projects shall comply with the design standards contained in chapter 16, pertaining to subdivisions, and are herein incorporated by reference. The intent of this section is to require that condominium subdivisions (site condominiums) meet design standards similar to those required for projects developed as a subdivision plat.

(Ord. No. 151, § 17.09, 6-13-2007)

(a)

All streets located within a condominium project shall be constructed and paved in accordance with the standards and specifications of the county road commission, chapter 16, pertaining to road standards and subdivisions for developments comparable in use, frontage, etc., to the condominium project. All condominium roads shall be designated and remain common elements as specified in the master deed. The master deed shall contain a clause approved by the township board, which allows an assessment against condominium owners for road maintenance for the purposes of public safety and welfare. Where standards differ, the more restrictive standard shall apply. After submittal of the condominium plan and bylaws as part of the master deed, the proprietor shall furnish to the township a copy of the site plan on a Mylar sheet 24 by 36 inches with an image not to exceed 8½ by 14 inches.

(b)

Prior to issuance of a final certificate of occupancy by the township, the township engineer shall inspect all site improvements, including roads, water, sanitary and storm sewer facilities, grading and road signs, and determine compliance with all applicable township ordinances and requirements. Where a private road is being constructed as part of the condominium project, the final private road plan shall be approved by the township board in accordance with chapter 16, article IV, pertaining to road standards.

(Ord. No. 151, § 17.10, 6-13-2007)

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

(Ord. No. 151, § 17.11, 6-13-2007)

The developer or proprietor of the condominium project shall establish that appropriate state and county approvals have been received with regard to the fresh water system for the proposed project and with regard to the wastewater disposal system for the proposed project.

(Ord. No. 151, § 17.12, 6-13-2007)

The township may allow occupancy of the condominium project before all improvements required by this chapter 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 township.

(Ord. No. 151, § 17.13, 6-13-2007)