This article is intended to provide for condominium projects within the township, establish comparable regulations to guide development of such projects and to establish development standards and required information to ensure adequate compliance within the purposes of this ordinance. Such development shall assist in providing:

1.

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

2.

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.

For development in a manner consistent with planned or needed public improvements so as not to create an undue inconvenience, hazard or financial burden for present or future residents of the township.

4.

Adequate provisions for water supply, storm drainage, sanitary sewerage disposal and other public health and safety needs.

A.

Informal preliminary conferences: Prior to a formal application, the applicant is required to have two (2) informal preliminary conferences; one (1) with the township zoning administrator and the township supervisor, the second with the township planning commission. The purpose of the conferences is to discuss the proposed development and review procedures, requirements and standards of the township. The applicant is encouraged to present concept plans, site data and other information that will explain the proposed development. Statements made in these conferences shall not be legally binding.

B.

Application requirements:

1.

Following the informal preliminary conferences the applicant may submit an application for a condominium development. Along with the application and application fee, the applicant shall supply fifteen (15) copies of the preliminary development plan to the township clerk.

2.

Concurrently with the notice required to be given the township pursuant to section 71 of Public Act 59 of 1978, as amended (MCL 559.171) a person, firm or corporation intending to develop a condominium project shall provide the following information with respect to the project:

a.

The name, address and telephone number of:

(1)

All persons, firms or corporations with an ownership interest 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 vender).

(2)

All engineers, attorneys, architects or registered land surveyors associated with the project.

(3)

The developer or proprietor of the condominium project.

b.

The legal description of the land on which the condominium project will be developed together with appropriate tax identification numbers.

c.

The acreage content of the land on which the condominium project will be developed.

d.

The purpose of the project. (For example, residential, commercial, industrial, etc.)

e.

Approximate number of condominium units to be developed on the subject parcel.

f.

Whether or not a community water and/or sewerage system is contemplated.

3.

Upon receipt of the completed application, application fee and preliminary development plan, the township clerk shall forward copies of the plan and the application form to the township fire chief, engineer, planner and any others deemed appropriate. The balance of the plans and the original application form shall be turned over to the township zoning administrator for distribution to the planning commission to allow for their review.

C.

Preliminary development plan requirements: The preliminary development plan shall contain the following:

1.

The date, north arrow and scale, which shall not be smaller than one (1) inch equals fifty (50) feet.

2.

The location sketch of the site in relation to the surrounding area. This sketch shall label the land uses on all adjacent property.

3.

The legal description of the property.

4.

The parcel size in acres or square feet.

5.

All lot and property lines, with dimensions.

6.

The location of all existing and proposed structures on the site.

7.

The location of all existing and proposed streets, alleys, parking areas and easements, including the total number of parking spaces, parking calculations and typical dimensions.

8.

The size, location and proposed use of all areas devoted to open space.

9.

The general landscape concept, showing tree masses to be preserved. Added buffer areas, screening, and similar features.

10.

All wetland areas, flood plain boundaries and bodies of water.

11.

Existing topographical contours at a minimum of two (2) foot intervals.

12.

The general layout of all proposed utilities including, but not limited to: water, sewer, telephone, gas and electrical services.

13.

The applicant shall also provide a written statement describing each of the following:

a.

The general character of the condominium development.

b.

The gross residential densities and percent of the proposed development to be covered by buildings and parking areas.

c.

The acres allocated each use.

d.

The method and responsibility for maintenance of open areas, private streets, recreational amenities and parking areas.

e.

All environmental sensitive areas.

D.

Parallel plan: The applicant shall also prepare a parallel design plan for the project consistent with the requirements and restrictions of Article XII of this ordinance, to determine the maximum number of units that may be allowed within the development. The parallel plan shall include the following restrictions:

1.

Lots in the parallel plan shall not include any areas designated by the Michigan Department of Environmental Quality, or its successor, as wetlands.

2.

Parcels located adjacent to any lake, stream, pond or other body of water shall not allow more than one (1) unit for every seventy (70) feet of shoreline, excluding wetlands, the right to use of the body of water. Such restriction shall be listed in the master deed and purchase agreement of every unit within the development designating which units have the use of the water front and which units do not have such use. The planning commission shall review the design to determine the number of lots that could feasibly be constructed following the parallel plan. This number shall determine the maximum number of dwelling units for the site allowable under the condominium provisions of this ordinance.

E.

Impact assessment:

1.

The planning commission may require the applicant to prepare and submit an impact assessment. When required, preparation of the impact assessment shall be the responsibility of the applicant. The applicant shall use qualified, professional personal to complete the impact assessment. The impact assessment shall describe, in detail, the effect and impact the proposed development will have, or may have, upon or with respect to any of the following:

a.

An environmental assessment to evaluate the impact of proposed developments to ensure minimum impact of the natural environment including, but not limited to, the wetlands, surface waters, ground water, flora and fauna of the community.

b.

Public utilities.

c.

Displacement of people and other land uses by the proposed use.

d.

Character of the area.

e.

Traffic.

f.

Wildlife.

2.

The impact assessment shall, if required by the planning commission, include statements and comments from the following public agencies or officials concerning any aspects of the proposed project within their respective responsibilities and jurisdictions:

a.

Township fire department.

b.

All school districts represented within the township.

c.

The departments of natural resources and environmental quality.

d.

Barry County:

(1)

Sheriff's department.

(2)

Health department.

(3)

Road commission.

(4)

Drain commissioner.

e.

Such other agencies as determined appropriate by the planning commission.

3.

The planning commission and township board of trustees shall consider the criteria list in their evaluation of the impact assessment. Failure to comply with any of the criteria shall be sufficient justification to deny approval.

A.

Within a reasonable time period following receipt of the completed application and fee, the planning commission shall hold a public hearing on the request. The public hearing shall be noticed in accordance with the requirements stated in Sections 4.2.A. and B.

B.

Within a reasonable time period following the public hearing, the planning commission shall recommend to the township board of trustees, one (1) of the following:

1.

Approval of the preliminary plan, or

2.

Approval of the preliminary plan subject to certain specified conditions, or

3.

Denial of the preliminary plan.

C.

In making a recommendation to approve the preliminary plan the planning commission must find that the proposed project:

1.

Will result in a recognizable and substantial benefit to the ultimate users of the project and to the community, and the benefit would otherwise be unfeasible or unlikely to be achieved.

2.

The development will not result in a significant increase in the need for public services and facilities and will not place a significant burden upon surrounding lands or natural environment, unless the resulting adverse effects are adequately provided for or mitigated by the features of the project as approved.

3.

The development will be compatible with the master plan of the township and consistent with the intent and purpose of this article.

4.

The development will not result in significant adverse effects upon nearby or adjacent lands, and will not change the essential character of the surrounding area.

(Ord. No. 03-01-07, § VI, 3-8-2007)

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

A.

After the preliminary plan has been approved by the township board of trustees the developer shall prepare the final development plan. The applicant shall submit fifteen (15) sets of the final plan to the township clerk. The clerk shall forward copies of the final plan to the township fire chief, engineer, planner and others deemed appropriate. The balance of the plans shall be turned over to the zoning administrator for distribution to the planning commission for review.

B.

The final development plan shall include all of the information required on the preliminary development plan and all additional information requested by the planning commission.

C.

The final plan shall incorporate all recommendations of the planning commission's review of the preliminary plan or shall indicate how the final plan fails to incorporate the commission's recommendations. The plan shall be signed and sealed by a licensed architect, registered surveyor or professional engineer. In addition, the final plan shall include the following:

1.

Architectural renderings or specific statements as to the type and style of construction to be used in the proposed buildings along with the height and area of each building.

2.

Projected time for completion of the entire project.

3.

Proposed phasing, if any, and the projected time for completion of each phase.

4.

Landscaping plans.

5.

The master deed, deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land and the improvements thereon.

6.

Engineering plans showing, as necessary, water, waste disposal, drainage, exterior and street lighting, electricity, telephone and natural gas installations, and the nature and extent of earthwork required for site preparation and development.

7.

Any other information required by the planning commission to assist in the evaluation of the proposed development.

D.

Within forth-five (45) days of the receipt of the complete set of plans the planning commission shall review the plans for their completeness, act upon the plans and send their recommendation to the township board of trustees.

E.

Within sixty (60) days of the township board of trustees receipt of the planning commission's recommendation, the township board of trustees shall review the final development plans and approve or deny approval of the plan. Should the township board of trustees deny the final development plan it shall send the plan back to the planning commission, for further action, with written notice of the reasons for denial.

The township board of trustees shall approve the final development plan, as submitted, or revised by the board of trustees, prior to the recording of the master deed, restrictive covenants and other development documents with the county register of deeds as required by section 72 of the Condominium Act, as amended (MCL 559.108).

A.

The condominium project developer or proprietor shall furnish the township clerk with the following:

1.

One (1) copy of the recorded master deed. The master deed shall contain a clause approved by the township board of trustees, which allows an assessment against the condominium owners for road maintenance and repair for the purposes of public safety and welfare. Where standards differ, the more restrictive standard shall apply.

2.

One (1) copy of all restrictive covenants.

3.

Two copies of the approved final development plan on a Mylar sheet, at least twenty-four (24) by thirty-six (36) inches.

B.

The as-built survey shall be reviewed by the township engineer for engineering aspects and by the zoning administrator for compliance with the township ordinances. Fees for these reviews shall be established by resolution of the township board of trustees in addition to those otherwise required by the township ordinances.

A.

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

B.

Note: It is not intended or required that monuments be placed in the traveled portion of the 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.

C.

Monuments shall be located in the ground and made according to the following requirements:

1.

All monuments used shall be made of solid iron or steel bars at least one-half (½) inch in diameter and thirty-six (36) inches long and completely encased in concrete at least four (4) inches in diameter.

2.

Monuments shall be located in the ground at:

a.

All angles in the boundaries of the project.

b.

All intersection lines of streets.

c.

All intersection lines of the streets and boundaries of the condominium project.

d.

All intersection lines of the alleys with the boundaries of the project.

e.

All points of curvature, tangency, compound curvature and reverse curvature and all angle points in all side lines of streets and alleys.

f.

All angles of an intermediate traverse line.

g.

All intersections with elements and common elements.

3.

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 be clearly indicated on the plans and referenced to the true point.

4.

If a required location of a monument is on a bedrock out-cropping, a steel rod, at least one-half (½) inch in diameter shall be drilled and grouted into solid rock to a depth of at least eight (8) inches.

5.

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

6.

Monuments shall be placed at the corners of all units using iron or steel bars or iron pipes at least eighteen (18) inches long and one-half (½) inch in diameter, or other approved materials.

7.

The township board of trustees may waive the placing of the required monuments and markers for a reasonable time, not to exceed one (1) year, on the condition that the proprietor deposit with the township clerk cash or a certified check, or irrevocable letter of credit, made out in favor of the township, in the amount set by resolution of the township board of trustees. Such deposit shall be returned to the developer upon certification by a registered surveyor that the required monuments and markers are in place.

All streets located within a condominium project shall be constructed and paved in accordance with the standards and specifications of the Barry County Road Commission and township zoning and subdivision ordinances. All condominium roads shall be designated and remain common elements as specified in the master deed.

The construction of condominium units shall not start until the completion and acceptance of the site utilities, streets and roads however, the zoning administrator may allow temporary occupancy of the condominium project before all improvements required by this ordinance 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.

Prior to issuance of a final certificate of occupancy by the township, the township engineer shall inspect all site improvements, including grades, roads and road signs, water system, sanitary and storm sewer facilities and determine compliance with all applicable township ordinances and requirements.

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

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

The township board of trustees shall, by resolution, establish a fee schedule for all developments proposed under this article.

Performance bonds may be required by the township board of trustees in accordance with section 5.15.

Any permit issued for construction pursuant to any development approved under this article shall be valid only so long as there is compliance with the final development plan as accepted by the township board of trustees.

A developer may request a change in an approved final development plan. Except for changes determined to be minor, as provided in Article V of this ordinance, changes to an approved final development plan or any conditions imposed by the township board of trustees shall be reviewed by the township planning commission and board of trustees pursuant to the procedures provided by this article for an original request.

A.

The approval of the final development plan for a condominium development shall be for a period not to exceed two (2) years, from the date of the township board of trustees final approval date, to allow for preparation and recording of the required condominium documents and development of the project. If no construction has begun within two (2) years after the approval is granted, the approved final development plan shall be void. The township board of trustees may require a new final development plan to be reviewed in accordance with the requirements for the original application. An extension of the time limit may be approved if the township board of trustees finds that such an extension or modification is not in conflict with the public interest.

B.

No zoning amendment passed during the time period granted for the approval of the final development plan shall in any way affect the terms under which approval of the condominium development was granted.