[Ord. No. 526,
passed 6-24-1996]
It is the purpose of this chapter to insure that plans for development
within the City of Coldwater proposed under the provisions of the
Condominium Act, Act 59 of the Public Acts of 1978, as amended, shall
be reviewed with the objective interest of achieving the source characteristics
and land use results as if the development and improvements were being
proposed in accordance with the Subdivision Control Act, Act 288 of
the Public Acts of 1967, as amended, including all requirements of
these Subdivision Regulations. It is the intent of the City to insure
that the appearance of the project and size of the building site or
condominium lot are equivalent to the appearance of a subdivision
and to the minimum lot size of the zoning district in which the project
is located.
[Ord. No. 526,
passed 6-24-1996; Ord. No. 613, passed 6-26-2000]
For the purpose of this chapter, all definitions used in the
Condominium Act, Act 59 of the Public Acts of 1978, as amended, and
all applicable administrative regulations, shall have the same meaning
herein. In addition, the following words as defined will also apply
to this chapter, unless the context clearly indicates a different
meaning.
(a)
BUILDING SITE — A lot or a two dimensional condominium unit
of land (i.e. envelope, footprint), with or without a limited common
element, designed for construction of a principal structure plus accessory
buildings. All building sites shall have frontage on public or private
roads.
(b)
COMMON ELEMENTS — Those portions of a condominium project other
than the condominium units.
(c)
CONDOMINIUM PROJECT — A plan or project consisting of not less
than two condominium units established in conformance with the Condominium
Act.
(d)
CONDOMINIUM SUBDIVISION PLAN — The plan required in this chapter,
including, but not limited to, the survey and utility plans, the building
site and existing and proposed structures and improvements, including
their location on the land.
(e)
CONDOMINIUM UNIT — That portion of a condominium project designed
and intended for separate ownership and use, as described in the master
deed, regardless of whether it is intended for residential, office,
industrial or recreational use.
(f)
CONSOLIDATING MASTER DEED — The final amended master deed for
a contractible condominium project, an expandable condominium project
or a condominium project containing convertible land or convertible
space, which final amended master deed fully describes the condominium
project as completed.
(g)
CONTRACTIBLE CONDOMINIUM — A condominium project from which
any portion of the submitted land or buildings may be withdrawn pursuant
to the expressed provisions in the condominium documents and in accordance
with this chapter and the Condominium Act.
(h)
LIMITED COMMON ELEMENTS — A portion of the common elements
reserved in the master deed for the exclusive use of less than all
of the co-owners.
(i)
LOT — A measured portion of a parcel or tract of land which
is described and fixed in a recorded plat or recorded in the master
deed of a site condominium development.
(j)
MASTER DEED — The legal document prepared and recorded pursuant
to Act 59 of the Public Acts of 1978, as amended, within which are,
or to which are attached as exhibits and incorporated by reference,
the approved bylaws for the project and the approved condominium subdivision
plan for the project.
(k)
PARCEL — A tract or continuous area or acreage of land which
is occupied or intended to be occupied by a building, service buildings,
accessory building(s), condominium units or any other use or activity
permitted thereon, including open spaces and setbacks required under
this chapter, and having its frontage on a public street.
(l)
SETBACK, FRONT, SIDE and REAR YARD — The distance measured
from the respective front, side and rear yard area lines associated
with a building site to the respective front, side and rear of the
lot.
[Ord. No. 526,
passed 6-24-1996; Ord. No. 613, passed 6-26-2000]
(a)
Existing conditions. The preliminary plan shall be designed and drawn
by a registered civil engineer, a registered land surveyor, a registered
architect or a registered landscaped architect, containing the following
information:
(1)
Proposed name of the project.
(2)
Full legal description to adequately describe the parcel or
parcels comprising the project.
(3)
Names and addresses of the applicant, owners and professionals
who designed the project.
(4)
Scale of the plan. (Maximum scale shall be 100 feet to an inch.)
(5)
Date of preparation.
(6)
North arrow.
(7)
Boundary lines of the proposed project.
(8)
Property lines of adjacent tracts of subdivided and unsubdivided
land shown in relation to the tract being proposed for site condominium
subdivision, including those areas across abutting roads.
(9)
Location, widths and names of existing or prior easements of
record, public and/or private.
(10)
Location of existing sewers, water mains, storm drains and other
underground utilities within or adjacent to the tract being proposed
for a site condominium subdivision.
(11)
Existing topographical information drawn at contours with a
maximum of two-foot intervals.
(12)
Location of significant natural features, such as natural watercourses,
bodies of water, stands of trees, and individual trees within the
project area having a caliper of 12 inches or greater at a height
of two feet above the existing grade.
(b)
Proposed elements. The preliminary plan shall contain the following
information:
(1)
Layout of streets, indicating proposed street names, right-of-way
widths and connections, and adjoining streets and, also, the widths
of and locations of alleys, easements, public walkways, bike paths
and other transportation related elements.
(2)
Layout, numbers and dimensions of lots, including building setback
lines, showing dimensions and finished grade elevations of the first
floor elevation of buildings.
(3)
Proposed topography, including contour lines at the same interval
as shown for existing topography.
(4)
Indication of the parcels of land and/or easements intended
to be dedicated or set aside for public use, and a description of
the common elements of the project and the use and occupancy restrictions
that will be contained in the master deed.
(5)
Indication of the ownership and existing and proposed use of
any parcels identified as "excepted" on the preliminary plan. If the
applicant has an interest in or owns any parcel identified as "excepted",
the preliminary plan shall indicate how this property could be developed
in accordance with the requirements of the existing zoning district
in which it is located and with an acceptable relationship to the
layout of the proposed preliminary plan.
(6)
A statement describing the sewage system and the method to be
approved by the City of Coldwater.
(7)
A statement describing the water supply system.
(8)
A schematic indication and description of storm drainage acceptable
to the City of Coldwater. If the plan involves County drains, an indication
of the proposed method of drainage shall be acceptable to the County
Drain Commissioners.
(9)
In a case where the applicant wishes to develop a given area,
but wishes to begin with only a portion of the total area, the proposed
general layout for the entire area. The part which is proposed to
be developed first shall be clearly superimposed upon the overall
plan in order to illustrate clearly the method of development which
the applicant intends to follow. Each subsequent development shall
follow the same procedure until the entire area controlled by the
applicant is subdivided. Each phase of the development shall not exceed,
on a cumulative basis, the average density allowed for the entire
development.
(10)
An indication of the means by which and the extent that significant
natural features, such as watercourses, bodies of water, stands of
trees, and individual trees (apart from stands of trees) having a
caliper of 12 inches or greater at a height of two feet above the
existing grade, are to be preserved in conjunction with the development
of the proposed project.
(11)
An indication of the approximate area for all site improvements,
including roads, utilities, and drains and all building activity that
will have to be cleared and graded in order to develop the proposed
project.
(12)
An indication of the significant ecological areas that are to
be preserved in their natural state. The intent is not to require
a detailed grading plan at this time, but to ensure that the developer
has given sufficient thought to the clearing and grading requirements
in preparing the preliminary plan.
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If the project is proposed to be developed under the planned
unit develoment option of the City's Zoning Code, it shall follow
the procedure therefor.
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[Ord. No. 526,
passed 6-24-1996]
(a)
Application of design layout standards. The requirements and standards contained in Chapter 1246 of the Subdivision Regulations for the layout of a conventional subdivision shall apply herein and are herein incorporated by reference.
(b)
Construction of development in phases. For developments where construction
is to occur in phases, that portion which is constructed shall conform
to all laws, ordinances and regulations of all governmental bodies
having jurisdiction and be capable of functioning independently without
further improvements, including, without limitation, without the necessity
of constructing any additional roads, drainage or utilities.
[Ord. No. 526,
passed 6-24-1996; Ord. No. 540, passed 10-28-1996; Ord. No. 613, passed 6-26-2000]
(a)
In general. The procedure for review and approval of a plan for a
site condominium project shall consist of two stages:
(b)
Planning commission review of preliminary plan.
(1)
The applicant shall submit 15 copies of the preliminary plan
to the City at least fourteen days prior to a regularly scheduled
Planning Commission meeting so that the plan can be placed on the
agenda and given time for technical review.
(3)
Upon review, the Planning Commission shall make a recommendation
to the City Council to grant or deny approval of the proposed site
condominium project or to grant conditional approval based on the
following:
(4)
The Planning Commission is hereby authorized to make a recommendation
to the City Council to grant approval, grant approval subject to conditions
or reject the plan, as follows:
A.
Approval. Upon a determination that the plan is in compliance
with the standards and requirements of this chapter and other applicable
ordinances and laws, the Planning Commission shall recommend approval.
B.
Approval subject to conditions. Upon a determination that the
plan is in compliance except for minor modifications, the conditions
for approval shall be identified and the applicant shall be given
the opportunity to correct the plan. The conditions may include the
need to obtain approvals from other agencies.
The applicant may re-submit the plan to the Planning Commission
for final review after the conditions have been met. The Planning
Commission may waive its right to review the revised plan, and instead
authorize the City Planner to review and recommend approval of the
resubmitted plan if all required conditions have been addressed.
C.
Rejection. Upon a determination that the plan does not comply
with the standards and regulations set forth in this chapter, or requires
extensive revision in order to comply with said standards and regulations,
the Planning Commission shall recommend that the plan approval be
denied.
(c)
Council review of preliminary plan. After the Planning Commission
makes a recommendation on the site plan, the applicant shall make
any required modifications and submit sufficient copies of the revised
plan (as specified on the application form) for City Council review.
The plan and supporting materials shall be submitted at least 10 days
prior to the scheduled meeting at which City Council review is desired.
The City Council shall make a relevant determination based on
the requirements and standards of this chapter, taking into consideration
the comments and recommendations of the Planning Commission, City
departments and other reviewing agencies. The City Council is hereby
authorized to grant approval, grant approval subject to conditions
or reject a plan.
(d)
Recording of preliminary plan review action. Each action taken with
reference to a site plan review shall be duly recorded in the minutes
of the meeting of the Planning Commission or City Council, as appropriate.
The grounds for action taken upon each site plan shall also be recorded
in the minutes.
(e)
Preliminary plan approval. Approval shall confer on the proprietor,
for a period of one year from the date thereof, approval of unit/lot
sizes, unit/lot orientation and street layout and permission to submit
improvement plans for engineering review.
Upon receipt of preliminary plan approval, the proprietor shall
submit the preliminary plan to all authorities as required by local
and State regulations and shall deliver two copies of the preliminary
plan to the superintendent of the school district in which the condominium
project is to be located.
No installation or construction of any improvements or land
balancing or grading shall be made or begun until the final 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.
(f)
Final plan approval; conditions. The final plan shall conform substantially
to the approved preliminary plan and shall be prepared by a registered
land surveyor or registered engineer. The final plan shall also constitute
only that portion of the approved preliminary plan which the proprietor
proposes to record and develop at that time and shall conform in all
respects to the requirements of the Condominium Act. The procedure
for the preparation and submittal of a plan for final approval shall
be as set forth herein.
In addition to all other requirements of this chapter and of
the Condominium Act, application for final plan approval shall be
made only if the proprietor has:
(1)
Received approval of the preliminary plan;
(2)
Received approval of the engineering construction plans for
all improvements to be built in accordance with the standards and
specifications adopted by the City Council and received notification
of the issuance of the appropriate County and State construction permits
for utilities;
(3)
Received certification from the City Treasurer that all fees
required by this chapter have been paid and that engineering review
fees and other charges and deposits specified in this chapter have
been paid;
(4)
Received approval of the lot drainage and of the soil erosion
and sedimentation plan; and
(5)
Provided a policy of title insurance currently in force covering
all the land within the boundaries of the proposed development, establishing
ownership interest of record and other information deemed to be necessary
by the City.
[Ord. No. 526,
passed 6-24-1996]
In the review of preliminary and final plans, as well as engineering
plans, it is recognized that it may not be feasible to precisely apply
traditional definitions and measures which have been provided for
and which would be made for developments proposed under the Subdivision
Control Act. However, the review of plans submitted under this chapter
shall be accomplished with the objective and intent of achieving the
same results as if the improvements were being proposed pursuant to
the Subdivision Control Act, including, without limitation, conformance
with all requirements of the Planning and Zoning Code, as amended.
[Ord. No. 526,
passed 6-24-1996]
These regulations are not intended to repeal, abrogate, annul
or in any manner interfere with existing regulations or laws of the
City nor conflict with any statutes of the State of Michigan or Branch
County, except that these regulations shall prevail in cases where
these regulations impose a greater restriction than is provided by
existing statutes, laws or regulations. Nothing in this chapter shall
be construed as requiring a site condominium subdivision to obtain
plat approval under the Subdivision Control Act.
