§ 94-387. Review and approval of condominium developments.
The following regulations shall apply to all condominium developments within the village.
(1)
Initial information. Concurrently with notice required to be given the village pursuant to section 71 of Act No. 59 of the Public Acts of Michigan of 1978 (MCL 559.101 et seq.), as amended (the Condominium Act), a person intending to develop a condominium development shall provide the following information:
a.
The name, address, and telephone number of:
1.
All persons or entities with an ownership interest in the land on which the condominium development will be located, together with a description of the nature of each entity's interest (for example, fee owner, optionee, or land contract vendee).
2.
All engineers, attorneys, architects or registered land surveyors associated with the project.
3.
The developer or proprietor of the condominium development.
b.
The legal description of the land on which the condominium development will be developed together with appropriate tax identification numbers.
c.
The acreage content of the land on which the condominium development will be developed.
d.
The purpose of the development (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 system is contemplated.
g.
Whether or not a community sanitary sewer system is contemplated.
(2)
Information to be kept current. The information shall be furnished to the village zoning administrator and shall be updated as necessary.
(3)
Site plans for new projects. Prior to recording of the master deed required by section 72 of Act No. 59 of the Public Acts of Michigan of 1978 (MCL 559.101 et seq.), as amended, the condominium development shall undergo site plan review and approval pursuant to section 94-386. In addition, the village shall require appropriate engineering plans and inspections prior to the issuance of any certificates of occupancy.
(4)
Site plans for expandable or convertible projects. Prior to expansion or conversion of a condominium development to additional land, the new phase of the project shall undergo site plan review and approval pursuant to section 94-386.
(5)
Master deed, restrictive covenants and as-built surveys to be furnished. The condominium development developer or proprietor shall furnish the zoning administrator with the following: One copy of recorded 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 village engineer for compliance with village ordinances. Fees for this review shall be established by resolution of the village council.
(6)
Monuments required. All condominium developments 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.
a.
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.
b.
Monuments shall be located in the ground at all angles in the boundaries of the condominium development; at the intersection lines of streets and at the intersection of the lines of streets with the boundaries of the condominium development, and at the intersection of alleys with the boundaries of the condominium development; at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in the side lines of streets and alleys; and at all angles of an intermediate traverse line. It is not intended nor required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the condominium development if the angle points can be readily reestablished by reference to monuments along the side lines of the streets.
c.
If the required location of a monument is in 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 shall be clearly indicated on the plans and referenced to the true point.
d.
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.
e.
All required monuments shall be placed flush with the ground where practicable.
f.
All unit corners and the intersection of all limited common elements and all common elements shall be monumented in the field by iron or steel bars or iron pipe at least 18 inches long and one-half inch in diameter, or other approved markers.
g.
The village council 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 village cash or a certified check, or irrevocable bank letter of credit to the village, whichever the proprietor selects, in an amount to be established by the council by resolution. 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.
(7)
Compliance with federal, state, and local law. All condominium developments shall comply with federal and state statutes and local ordinances.
(8)
Occupancy prior to installation of improvements. The zoning administrator may allow occupancy of the condominium development before all improvements required by this chapter are installed provided that cash, a certified check, or an irrevocable bank letter of credit 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 village.
(9)
Single-family detached condominiums.
a.
Single-family detached condominium projects shall be subject to all requirements and standards of the applicable R-1 through R-4, one-family residential districts.
b.
The design of a single-family detached condominium project shall be subject to the design layout standards of the village, as provided by chapter 38, as amended, except as may otherwise be provided by this chapter.
c.
The construction of a single-family detached condominium project shall be subject to the engineering design standards of the village, as provided by chapter 38 of this Code, as amended, except as may otherwise be provided by this chapter.
d.
Walkways shall be installed in all single-family detached condominium developments. Such walkways shall be a minimum of five feet in width and shall be constructed of concrete four inches thick. In addition, walkways shall be located on both sides of all interior roadways and so located as to provide access to all general common areas. Upon review of the site plan, the planning commission may approve alternative locations for the walkways or may waive the walkway requirement if it would not serve the purpose of providing adequate pedestrian circulation.
e.
The natural features and character of the lands shall be preserved wherever practicable. In addition, street trees shall be provided in the ratio of at least one per dwelling unit. All unimproved surface area on the site shall be planted with grass, ground cover, shrubbery, or other suitable landscape material, except that patios, terraces, decks, and similar site features may be allowed.
(10)
Final documents to be provided. After submittal of the condominium plan and bylaws as part of the master deed, the proprietor shall furnish to the village a copy of the site plan on a Mylar sheet of at least 13 by 16 inches with an image not to exceed 10½ by 14 inches.
(Ord. No. 228, § 1401, 9-28-95)