Pursuant to the authority conferred by Section 141 of the Condominium Act, the intent of this section is to provide regulatory standards for condominiums and condominium subdivisions similar to those required for projects developed under other forms of ownership.

(Ord. 106-A51. Passed 12-10-08.)

   (a)   Each condominium lot shall be located within a zoning district that permits the proposed use.

   (b)   Each condominium lot shall front on and have direct access to a public street.

   (c)   All condominium project plans shall conform to the plan preparation requirements, design, layout, and improvement standards of Title Four - Zoning of the Codified Ordinances of Wolverine Lake and the design, layout and improvements standards as established in the Subdivision Regulations, Chapter 1222 by the Village.

   (d)   For the purposes of this chapter, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which it is located.

   (e)   In the case of a condominium containing single-family detached dwelling units, not more than one dwelling unit shall be located on a condominium lot, nor shall a dwelling unit be located on a condominium lot with any other principal structure or use. Required yards shall be measured from the boundaries of a condominium lot.

(Ord. 106-A51. Passed 12-10-08.)

   Approval of the site plan and condominium documents by the Planning Commission shall be required as a condition to the right to construct, expand or convert a site condominium project.

   (a)   A site plan pursuant to the standards and procedures set forth in Chapter 1272 shall be submitted to the Planning Commission for review. The plans shall have sufficient detail so that the Village, and appropriate consultants, can determine compliance with applicable laws, ordinances and design standards for construction of the project.

   (b)   In addition to the site plan, the applicant shall submit the draft condominium documents and master deed to the Village for review by the Village Attorney, consultants, and other appropriate staff.

   (c)   All review comments shall be submitted to the Village, who shall compile the findings prior to consideration of the site plan for approval by the Planning Commission.

   (d)   The Planning Commission shall approve or deny the site plans based upon conformance with all applicable laws, ordinances, and design standards.

   (e)   If the site plan, condominium documents and/or plans conform in all respects to applicable laws, ordinances and design standards, approval shall be granted by the Planning Commission.

   (f)   If the site plan, condominium documents and/or engineering plans fail to conform to the ordinance or development standards, final approval shall be denied by the Planning Commission.

   (g)   In the interest of insuring compliance with this article and protecting the health, safety and welfare of the residents of the Village, the Planning Commission, as a condition of approval of the site plan, may require the applicant to deposit a performance guarantee as set forth in Section 1275.07 for the completion of improvements associated with the proposed use.

(Ord. 106-A51. Passed 12-10-08.)

   (a)   All design standards and required improvements that apply to a subdivision, under the Subdivision Regulations adopted by Village Council, and/or a development requiring site design review under Chapter 1272 of the Zoning Code shall apply to any condominium development.

   (b)   Each condominium unit shall be connected to the Village water, sanitary, and storm sewers where available. Utility standards stated in the Building Code shall apply to all condominium units proposed for location on any property which is not subdivided and recorded, or any property which is to be further subdivided.

   (c)   Monuments.

      (1)   Monuments must be located in the ground, and flush with the ground where practical, but not intended or required to be placed within traveled portions of a street, to mark all boundary corners and deflection points and at all road right-of-way intersection corners and deflection points. Lot irons shall be set at all condominium lot corners and deflection points of condominium lot lines.

      (2)   Monuments shall be made of solid iron or steel bars at least one-half inch in diameter and thirty-six inches long and completely encased in concrete at least four inches in diameter. Lot corner monuments shall be made of solid iron or steel bars at least one-half inch in diameter and eighteen inches long and completely encased in concrete at least four inches in diameter.

      (3)   The Village may grant a delay in the setting of required monuments or irons for a reasonable time, but not to exceed one year, on condition that the developer deposit with the Village cash, a certified check, or an irrevocable bank letter of credit running to the Village, whichever the developer selects, in an amount as determined from time to time by resolution of the Planning Commission. Such 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. If the developer defaults, the Planning Commission shall promptly require a registered surveyor to set the monuments and irons in the ground as shown on the condominium site plans, at a cost not to exceed the amount of the security deposit.

   (d)   Road right-of-ways shall be described separately from individual condominium lots, and shall be accurately delineated by bearings and distances on the condominium plans and the site plan. The right-of-ways shall be for roadway purposes and for the purposes of locating, installing, maintaining, and replacing public utilities. The developer shall declare easements to the Village for all public water and sanitary lines and appurtenances, where applicable.

(Ord. 106-A51. Passed 12-10-08.)

   Prior to the issuance of occupancy permits for any condominium units, the applicant shall submit the following to the Village:

   (a)   A copy of the recorded condominium documents (including exhibits).

   (b)   A copy of any recorded restrictive covenants.

   (c)   A copy of the site plan on laminated photostatic copy or Mylar sheet, or electronic copy as dictated by the Village.

   (d)   Evidence of completion of improvements associated with the proposed use including two copies of an “as-built survey.”

(Ord. 106-A51. Passed 12-10-08.)

   (a)   Revision of a Site Condominium Plan. If the site condominium plan is revised, the site plan shall be revised accordingly and submitted for review and approval or denial by the Planning Commission before any building permit may be issued, where such permit is required.

   (b)   Amendment of Condominium Documents. Any amendment to a master deed or bylaws that affects the approved site plan or any conditions of approval of a site plan shall be reviewed and approved by the Village Attorney and Planning Commission before any building permit may be issued, where such permit is required. The Planning Commission may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the original site plan.

   (c)   Relocation of Boundaries. Relocation of boundaries between adjoining condominium units, if permitted in the condominium documents, as provided in Section 48 of the Condominium Act, shall comply with all regulations of the zoning district in which it is located and shall be approved by the Planning Commission upon recommendation by the Village Assessor. These requirements shall be made a part of the condominium bylaws as recorded as part of the master deed.

   (d)   Subdivision of Condominium Lot. Each condominium lot that results from a subdivision of another condominium lot, if such subdivision is permitted by the condominium documents, as provided in Section 49 of the Condominium Act, shall comply with all regulations of the zoning district in which it is located, and shall be approved by the Planning Commission upon recommendation of the Village Assessor. These requirements shall be made a part of the condominium bylaws and recorded as part of the master deed.

(Ord. 106-A51. Passed 12-10-08.)

   (a)   To ensure compliance with the Village of Wolverine Lake - Part Twelve, Planning and Zoning Code and any condition imposed thereunder, a cash deposit, certified check, or surety bond up to one hundred percent of the cost of site improvements, as determined by the Village, may be required to insure faithful completion of the improvements.

   (b)   The performance guarantee shall be deposited with the Village Treasurer at the time of the issuance of the permit authorizing the project. The Village shall rebate to the applicant, as the work progresses, amounts of such deposit equal to the ratio of work satisfactorily completed to the entire project. Such rebates shall be based on the report and recommendation of the Building Official.

(Ord. 106-A51. Passed 12-10-08.)

   All conversion condominium projects shall be subject to all rules contained in this chapter and shall require site plan approval prior to occupancy of any unit converted to a condominium unit. A site plan submitted for a conversion project shall include all existing conditions and clearly identify all proposed changes. The Planning Commission shall review the site plan in the same manner as a new development on the site. The Planning Commission may waive any of the requirements if determined that the site improvements are minimal and full compliance with this chapter would be unnecessary.

(Ord. 106-A51. Passed 12-10-08.)