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 requirement of the Zoning Ordinance 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.

This Chapter 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 Zoning Ordinance. Site condominium projects may be approved as provided by this Chapter only for the support of land uses that are permitted in the zoning district in which the project is proposed.

1. 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 Chapter.
2. Application for review and approval of a site condominium project plan shall be initiated by submitting to the Township Clerk:
   1. A minimum of thirteen (13) copies of a preliminary site condominium project plan which complies with the requirements of Chapter 14 Site Plan Review, Section 14.03 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.
3. The full Planning Commission shall review the preliminary site condominium project plan in accordance with the standards and requirements contained in Chapter 14 Site Plan Review, Section 14.03, Subsection (b), (c), and (d) of this Ordinance, 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 shall hold a public hearing upon such project plan in the same manner preceded by the same notice as set forth in Section 24.04 of this Ordinance. (Amended Ord. 2007-1Z, effective 7-24-07)
   3. The building site for each site condominium unit shall comply with all applicable provisions of this Ordinance, 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 yard boundaries of the building site to the closest respective front, side or rear boundary of the building envelope.
   4. 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 Allegan County Road Commission. All private streets in a site condominium project shall be reviewed for compliance with, and shall be developed to the minimum design, construction, inspection, and maintenance requirements of Chapter 20 Private Roads. Notwithstanding the provisions of Chapter 20, attachment "A", all private streets within a site condominium project shall be paved. A private street reviewed and approved as part of a site condominium project under the provisions contained in this Chapter is exempt from the special land use procedures outlined in Chapter 14.
   5. 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 Allegan County Department of Health and the Township Board in accordance with applicable standards.
   6. The Planning Commission shall require that portions of the plan as relevant to the reviewing authority in question be submitted to the Allegan County Health Department, Allegan County Road Commission, Allegan County Drain Commission, Michigan Department of Environmental Quality, Michigan 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.

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.

1. After receiving the Planning Commission's recommendations on the preliminary plan, the applicant shall submit to the Township Clerk a minimum of ten (10) copies of a final site condominium development plan which complies with the requirements of this Section and of Chapter 14 Site Plan Review, Subsection (b). The Township Clerk shall forward the copies of the final plan to the Planning Commission.
2. 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 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. 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 Chapter prior to approval of the plan by the Township Board.
3. 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 standards provided by Section 19.05 and other applicable procedures, standards and requirements provided by this Chapter.
4. As a condition of approval of a final site condominium project plan. 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 Section 16(f) of the Township Rural Zoning Act.

A condominium project plan shall include the documents and information required by Section 66 of the Condominium Act and by Chapter 14 of this Ordinance 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 also include the following:

1. The use and occupancy restrictions and maintenance provisions for all general and limited common elements that will be included in the master deed.
2. Street and site grading and storm drainage and a storm water management plans, including all lines, swales, drains, basins and other facilities and easements proposed to be granted to the appropriate municipality for installation, repair and maintenance of all drainage facilities.
3. A utility plan showing all water and sewer lines and easements granted to the appropriate municipality for installation, repair and maintenance of all utilities.
4. A narrative describing the overall objectives of the proposed site condominium project.
5. A narrative describing the proposed method of providing potable water supply, waste disposal facilities and public and private utilities.
6. A street construction, paving and maintenance plan for all public and private streets within the proposed condominium project.
7. A complete list of other review and approval agencies and copies of any comments, recommendations or letters of approval of any agencies of the County, State or Federal government having jurisdiction over any element of the plan or its construction.

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.

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 (1) a final site condominium project plan has been approved by the Township Board, (2) all conditions to commencement of construction imposed by the Township Board have been met, and (3) all applicable approvals or permits from appropriate county and state review and enforcement agencies have been obtained for the project.

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 Chapter.

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:

1. 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 Chapter for the original review and approval of preliminary and final plans.
2. Any change that constitutes a minor change shall be reviewed and approved by the Planning Commission alone, without the need for a public hearing.
3. Any change which constitutes an exempt change shall not be subject to review by the Township under this Chapter, but a copy of the changes proposed (and of the changes made, if different than proposed) shall be filed with the Township Clerk.

All provisions of a final site condominium project plan which are approved by the Township Board as provided by this Chapter shall be incorporated by reference in the master deed for the site condominium project. Further, all major changes to a project shall be incorporated by reference in the master deed. A copy of the master deed as filed with the Allegan County Register of Deeds for recording shall be provided to the Township within ten (10) days after filing the plan with the County.

No approval of a final site condominium project plan by the Township Board shall be effective for a period of more than one (1) year, unless construction of the project commences within that one (1) year period and is diligently pursued to completion in accordance with the terms and conditions of the approval. The Board in its discretion may extend this one (1) 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.

1. This Chapter 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 Chapter (an "existing" project):
   1. A condominium master deed was recorded for the project with the Allegan 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.
2. 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 Chapter, including any subsequent change which would constitute (i) an exempt change, whether or not the Condominium Act would require an amendment of the master deed as a result of the change; or (ii) a minor change for which the Condominium Act would not require an amendment of the master deed. 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 Chapter.