City of Lapeer, MI Chapter 10 Condominiums

[HISTORY: Adopted by the City Commission of the City of Lapeer 10-15-2003 (Ch. 58 of the 1978 General Ordinances). Amendments noted where applicable.]

§ 10-1 Short title.

This chapter shall be known and may be designated as the "City of Lapeer Condominium Ordinance."

§ 10-2 Purpose.

The intent of this chapter is to regulate the division and development of land under the Condominium Act (PA 59 of 1978)[1] so that the development is comparable in quality of design to property divided and developed by other methods.

[1] Editor's Note: See MCLA § 559.101 et seq.

§ 10-3 Definitions.

A. All terms as defined in the Condominium Act shall control in this chapter unless indicated to the contrary in this section.

B. For the purpose of this chapter, certain words, terms and phrases shall be defined as follows:

ACCESSIBLE

In reference to a parcel, means that the parcel meets one or both of the following requirements:

(1) Has an area where a driveway provides vehicular access to an existing road or street and meets all applicable location standards of the State Transportation Department or County Road Commission, and of the City, or has an area where a driveway can provide vehicular access to an existing road or street and meet all such applicable location standards.

(2) Is served by an existing easement that provides vehicular access to an existing road or street and that meets all applicable location standards of the State Transportation Department or County Road Commission and of the City, or can be served by a proposed easement that will provide vehicular access to an existing road or street and that will meet all such applicable location standards.

BLOCK

Property abutting one side of a street and lying between the two nearest intersecting streets, or between the nearest such street and railroad right-of-way, unsubdivided acreage, river or live stream; or between any of the foregoing and any other barrier to the continuity of development.

CITY COMMISSION

The elected governing body of the City of Lapeer.

CLERK

The Clerk of the City of Lapeer.

CONCEPTUAL PLAN

A map or graphic representation of the proposed subdivision submitted for purposes of introduction and initial feedback.

CONDOMINIUM GENERAL COMMON ELEMENTS

Portions of the condominium development owned and maintained by the condominium association, as defined in the Condominium Act (PA 59 of 1978).

CONDOMINIUM LIMITED COMMON ELEMENTS

Portions of the condominium development other than the condominium unit itself reserved for the exclusive use of less than all of the co-owners of the condominium development, as defined in the Condominium Act (PA 59 of 1978).

CONDOMINIUM MASTER DEED

The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and including those items required in Section 8 of the Condominium Act (PA 59 of 1978).

CONDOMINIUM PROJECT

A plan or project consisting of not less than two condominium units established in conformance with the Condominium Act (PA 59 of 1978).

CONDOMINIUM PROJECT, CONVENTIONAL

A development in which ownership interest is divided under the authority of the Condominium Act (PA 59 of 1978) and in which the condominium unit consists primarily of the dwelling or other principal structure and most of the land in the development is part of the general common area.

CONDOMINIUM PROJECT, SITE

A development in which ownership interest is divided under the authority of the Condominium Act (PA 59 of 1978) and in which the condominium unit consists of a building site, with or without structures, which along with associated limited common elements, constitutes the equivalent of a lot.

CONDOMINIUM SUBDIVISION PLAN

Drawings and information prepared pursuant to section 66 of the Condominium Act (PA 59 of 1978).

CONDOMINIUM UNIT

A condominium unit is that portion of a condominium development designed and intended for occupancy and use by the unit owner consistent with the provisions of the master deed, as defined in the Condominium Act (PA 59 of 1978).

CONDOMINIUM, CONTRACTIBLE

A condominium project from which any portion of the submitted land or building may be withdrawn in accordance with the Condominium Act (PA 59 of 1978).

CONDOMINIUM, CONVERSION

A condominium project containing condominium units, some or all of which were occupied before the filing of a notice of taking reservations under Section 71 of the Condominium Act (PA 59 of 1978).

CONDOMINIUM, EXPANDABLE

A condominium project to which additional land may be added in accordance with the Condominium Act (PA 59 of 1978).

EASEMENT

A grant by the owner of the use of a strip of land by the public, a corporation, or person, for specific uses and purposes, to be designated as a "public" or "private" easement, depending on the nature of the use.

ENGINEER

The staff engineer or consulting engineer of the City of Lapeer.

IMPROVEMENTS

Grading, street surfacing, curb and gutter, sidewalks, crosswalks, water mains and lines, sanitary sewers, storm sewers, culverts, bridges, utilities, and other additions to the natural state of land which increases its value, utility or habitability.

MASTER PLAN

The comprehensive land use plan for the municipality, including graphic and written proposals indicating the general locations recommended for the streets, parks, schools, public buildings, zoning districts and all physical developments of the municipality, and includes any unit or part of such plan separately adopted, and any amendments to such plan or parts thereof duly adopted by the Planning Commission.

MUNICIPALITY

The City of Lapeer, Michigan.

PLANNER

The staff planner or consulting planner of the municipality.

PLANNING COMMISSION

The Planning Commission of the City of Lapeer, the members of which are appointed by the City Commission.

PROPRIETOR

A natural person, firm, association, partnership, corporation or combination of any of them, which may hold any ownership, interest in land, whether recorded or not.

THOROUGHFARE PLAN

The part of the Master Plan, which sets forth the location, alignment and dimensions of existing and proposed streets and thoroughfares.

WAIVER

A variation or exception from standards contained in the City of Lapeer Condominium Ordinance.

§ 10-4 Zoning Ordinance standards.

A. Lot size. In conventional condominium development, the condominium unit is enclosed air space, such as condominium apartments. In a conventional condominium, the entire site must meet the minimum lot size requirements for the zoning district in which the parcel is located. For site condominium developments, the condominium unit is a piece of land that is sold as a building site just as lots in a subdivision are sold. Each condominium unit in a site condominium and its associated limited common area are considered equivalent to a "lot" and must meet the minimum lot size requirements for the zoning district in which the parcel is located.

B. Setbacks. In conventional condominium development, the buildings must be set back from the site's boundaries and from other buildings as required for the zoning district in which the parcel is located. For site condominium developments, the setbacks shall be from the outer edge of the "lot" consisting of a condominium unit and its associated limited common area, and shall be consistent with the setbacks for principal structures in the zoning district in which it is located.

§ 10-5 Lot splits.

Lots in a recorded condominium shall not be further partitioned or divided unless in conformity with Chapter 7, Zoning, and provided further, that any partitioning or dividing shall not be in conflict with Act 59, Public Acts of 1978,[1] and shall be approved by resolution of the City Commission. No zoning or building permit shall be sought nor shall any construction be commenced prior to approval of the lot split by the City Commission.

[1] Editor's Note: See MCLA § 559.101 et seq.

§ 10-6 Condominium plan review.

A. Initial investigation.

(1) It is suggested that the proprietor meet informally with City staff to investigate the procedures and standards of the municipality with reference to this Condominium Ordinance.

(2) The proprietor should concern himself/herself with the following factors:

(a) The proprietor shall secure a copy of the Zoning Ordinance, Condominium Ordinance, City Design and Infrastructure Standards and other similar ordinances or controls relative to the subdivision and improvement of land so as to make himself/herself aware of the requirements of the City of Lapeer.

(b) The averaged lot size, open space plan, or cluster housing option provisions outlined in Chapter 7, Zoning, may be applicable to certain types of conventional and/or site condominium developments.

(c) The area of the proposed condominium development shall be properly zoned for the intended use.

(d) The relationship of the proposed condominium development with respect to the major thoroughfares and plans for widening of thoroughfares shall be investigated by the proprietor.

(e) Standards for sewage disposal, water supply and drainage of the municipality shall be investigated by the proprietor.

B. Review procedures for conventional condominiums.

(1) Following any initial investigations, the applicant for a conventional condominium development would follow the site plan review process as outlined in Chapter 7, Zoning.

(2) After final site plan approval, the applicant shall comply with the provisions of § 10-7 through the end of this chapter.

C. Review procedures for site condominiums. Following any initial investigations, the applicant for a site condominium development would follow the process outlined in this section.

(1) Step One: Conceptual Plan Review. The proprietor may, prior to preliminary site plan submittal, present a conceptual representation of the entire proposed site condominium development to the City for information and feedback. The Planning Commission is not required to vote to approve or deny, but may give the proprietor preliminary recommendations on the proposed site condominium. Recommendations at this stage are meant to provide direction and shall not infer approval at later stages.

(a) The following items shall be included on a conceptual site plan at a scale of not more than one inch to 200 feet:

[1] Lot sizes and lot dimensions.

[2] Street layout.

[3] Zoning of the property within the enclosed plat.

[4] Proprietor's name and address.

[5] Property boundary.

[6] Adjacent property and land use.

[7] Location map.

[8] Proposed phases.

[9] Existing natural features (wooded areas, floodplain, wetlands, open water, streams, etc.).

[10] Existing easements.

[11] General proposed utility information.

[12] Topographic survey plan (show existing ground contour lines) for the site and 100 feet beyond the property line. Contour lines are to be shown every two feet.

[Amended 9-14-2006]

[13] All existing driveways and streets within 100 feet of the site.

[14] Plan shall otherwise comply with City of Lapeer Design Standards and City Construction Specifications.

[Amended 9-14-2006]

(b) The proprietor shall submit 10 copies to the City Zoning Administrator. The Planning Commission shall consider the proposed site condominium at the first Planning Commission meeting that is held at least 30 days after submission to the City Zoning Administrator.

(2) Step Two: Preliminary Approval. The purpose of this step is to provide the proprietor with preliminary City approval prior to proprietor producing construction drawings and obtaining construction permits. All information required for final approval shall be provided at this step, with the exception of the construction drawings and construction permits.

(a) Information required on the site condominium plan submitted for tentative approval, at a scale not more than one inch to 200 feet:

[1] All information required for conceptual plan review, as listed in § 10-6C(1) of this chapter.

[2] Survey of property and legal description.

[3] Name of the proposed development.

[4] Name, address, and phone number of proprietor and surveyor or engineer that prepared the plat.

[5] Location map of site condominium, including section and range.

[6] Utility layout, including connections to existing systems, pipe sizes, fire hydrant locations, sufficient sanitary and storm sewer inverts to insure adequate depth, storm detention/retention areas, storm sewer outlets and any proposed utility easements. Drainage calculations are not required at this stage.

[7] Names of abutting subdivisions or site condominiums.

[8] Street names, right-of-way, right-of-way widths and typical road cross sections.

[9] Proposed drainage shall be indicated by drainage arrows; drainage arrows should be sufficient to show preliminary drainage directions of the entire development.

[Amended 9-14-2006]

[10] Provide complete language for the master deed, including the condominium by-laws.

[11] Indicate all one-hundred-year floodplain areas.

[12] Indicate any wetland areas that are regulated by the Michigan Department of Environmental Quality.

[13] Required zoning setbacks.

[14] Date and North arrow.

[15] All parcels of land proposed to be dedicated to public use and conditions of such dedication.

[16] Topographic survey plan (show existing ground contour lines) for the site and 100 feet beyond the property line. Contour lines are to be shown every two feet.

[Amended 9-14-2006]

[17] Plan shall otherwise comply with City of Lapeer Design Standards and City Construction Specifications.

[Amended 9-14-2006]

(b) The proprietor shall submit 15 copies of the site condominium plan to the City Zoning Administrator at least 30 days prior to the next Planning Commission meeting. Upon receipt, the City Zoning Administrator shall submit copies to members of the City Planning Commission and shall make one copy available to each appropriate City department, which shall review the site condominium plan and provide written comments to the Planning Commission at least two weeks prior to the next meeting.

(c) Planning Commission preliminary review of site condominium plan.

[1] Before making a recommendation on the site condominium plan, the Planning Commission shall hold a public hearing, notice of which shall contain the date and place of hearing, and shall be sent by certified mail to the proprietor and taxpayers of record of land immediately adjacent to the proposed site condominium, at least seven days prior to the hearing date.

[2] The site condominium plan and any required accompanying data shall be reviewed by the Planning Commission for the purpose of checking its compliance with the Master Plan, Chapter 7, Zoning, the City Design and Infrastructure Standards, other applicable City ordinances, and other specifications of this chapter, all in accord with sound engineering practice.

[3] The Planning Commission shall submit a written recommendation on the site condominium plan to the City Commission. The Planning Commission shall either:

[a] Recommend preliminary approval of the site condominium plan; or

[b] Set forth reasons for not recommending preliminary approval and the requirements for preliminary approval.

(d) City Commission preliminary review of site condominium plan.

[1] The site condominium plan and any required accompanying data, and written comments from reviewers, shall be reviewed by the City Commission for the purpose of checking its compliance with the Master Plan, Chapter 7, Zoning, the City Design and Infrastructure Standards, other applicable City ordinances, and other specifications of this chapter, all in accord with sound engineering practice.

[2] The City Commission shall make a determination on the preliminary approval of the site condominium plan within 90 days of filing of the site condominium plan with the City Zoning Administrator. The City Commission shall either:

[a] Approve the preliminary site condominium plan; or

[b] Deny the site condominium plan, setting forth reasons for not approving the site condominium plan and the requirements for preliminary approval.

[3] City Commission approval shall be good for a period of one year. The approval may be renewed for an additional one-year period upon application by the proprietor and approval by the City Commission.

(3) Step Three: Final Approval of Site Condominium Plan. This is the final approval stage prior to the proprietor constructing any proposed infrastructure.

(a) The proprietor shall file with the City Commission the following, in compliance with the requirements of the Condominium Act, and any other requirements stipulated in this chapter.

[1] Approvals from:

[a] Lapeer County Road Commission (if the proposed site condominium includes or abuts roads under the Road Commission's jurisdiction).

[b] Lapeer County Drain Commissioner.

[c] Michigan Department of Transportation (if the proposed site condominium includes or abuts a state highway, or includes streets or roads that connect with a state highway).

[d] Michigan Department of Environmental Quality (if the land proposed to be developed abuts a wetland, floodplain, lake or stream).

[2] Proof that the proprietor has notified all public utilities in the City of the application by certified mail (including the local telephone, gas, electric and cable company).

[3] A Mylar copy, an electronic copy, and 10 blueprint copies of the site condominium plan submitted for final approval containing all of the information required for preliminary approval (the electronic copy shall be retained by the City).

[4] Documentary evidence sufficient to allow the City to ascertain whether all the proper persons have signed the proprietor's certificate, including a current commitment or policy of title insurance (or equivalent) written by a company licensed to issue title insurance policies in Michigan.

[5] Proof of City Engineer's approval of construction plans. Plans to be prepared and submitted as directed in § 10-7 of this chapter.

[6] An agreement with the City consisting of a master deed restriction upon the site condominium whereby the Building Inspector will not be permitted to issue a building permit for any structure upon any lot within said site condominium until the improvements as specified herein have been completed, or satisfactory arrangements have been made with the City for the completion of said improvements. These master deed restrictions shall be made a part of all deeds or contracts for any unit within the site condominium.

[7] The proposed master deed, including by-laws, shall be submitted. Such restrictions shall not be in contradiction to those of the Zoning Ordinance or any other ordinance of the City. These restrictions shall become a part of the final recorded site condominium and shall be recorded along with the site condominium in the Office of the Lapeer County Register of Deeds.

(b) City Commission final approval of site condominium plan.

[1] The City Commission shall make a determination on the site condominium plan at its next regularly scheduled meeting, or within 20 days of the date of submission. The City Commission shall either:

[a] Give final approval to the site condominium plan; or

[b] Set forth reasons for not approving the site condominium plan and the requirements for final approval.

[2] Final approval of the site condominium plan by City Commission shall be valid for a period of two years. The approval may be renewed for an additional one-year period upon application by the proprietor and approval by the City Commission.

D. Construction approval.

(1) The proprietor may not record the condominium master deed and begin taking reservations on the proposed units until the City Commission has granted final approval of the condominium plan, and one of the following has occurred:

(a) The proprietor has installed all improvements. The proprietor shall submit as-built engineering drawings, as required by this chapter, and said drawings shall have been checked and approved for compliance with requirements contained in this chapter, in the City of Lapeer Design Standards and Construction Specifications or standards adopted by other agencies with authority to approve site condominium improvements. The City may also require on-site construction observation by the City or its representatives with costs paid for by the proprietor.

(b) The proprietor may, at the City Commission's option, provide a bond, cash, certified check or bank letter of credit in the amount of the cost of installation of all improvements as a performance guarantee. The performance guarantee shall accrue to the City, and shall be in an amount equal to the total estimated cost for completing construction of the specific public improvement, including contingencies, based on an estimate by the City Engineer. The term length for which the performance guarantee is in force shall be for a period to be specified by the City Commission. If the performance guarantee is in the form of a bond, it shall be with a surety company authorized to do business in the State of Michigan and acceptable to the City Commission. The performance guarantee shall not be released to the proprietor until the proprietor has submitted as-built engineering drawings of the constructed improvements, as required by this chapter, and said drawings have been checked and approved for compliance with requirements contained in this chapter, in the City of Lapeer Design Standards and Construction Specifications or standards adopted by other agencies with authority to approve site condominium improvements. The City may also require on-site construction observation of such improvements by the City or its representatives with costs paid for by the proprietor.

(2) Prior to the final acceptance by the municipality of improvements, a two-year maintenance bond in an amount set by the City Commission shall be posted by the proprietor.

(3) City Commission approval.

(a) Upon receipt of verification of approval of the requirements above, the Commission shall take action upon said condominium plan in accordance with the requirements of the Condominium Act, Municipal Charter and requirements of this chapter. In case of disapproval, the reasons for such action shall, by written communication, be transmitted to the proprietor who shall, within a reasonable time, resubmit to the City Commission any changes or alterations stipulated in the Commission's action of disapproval.

(b) Upon approval the proprietor may, in accordance with the Condominium Act and any other applicable requirements, file said plan, master deed, bylaws and other required information with the Office of the County Register of Deeds.

§ 10-7 Construction plans.

A. No proprietor proposing to develop a condominium within the territorial limits to which these regulations are applicable shall record the condominium plan or enter into any contract for the sale of, or shall offer to sell said condominium or any part thereof until construction approval has been obtained and the proprietor has completed construction of all improvements or has posted a performance guarantee with the City for the cost of the improvements. The proprietor shall not proceed with any construction work on the proposed condominium until the proprietor has obtained from the City the final approval of the condominium plan, and the City has verified that all outside agency permits have been obtained; except grading, which may commence upon approval of the proprietor's grading plan. The City may further require a preconstruction meeting prior to allowing commencement of site work.

B. It shall be the responsibility of the proprietor of every proposed condominium to have prepared by a professional engineer registered in the State of Michigan, a complete set of construction plans, including profiles and cross-sections of each street with grades; profile of proposed sanitary and storm sewer with sizes and grades; a plan of water lines with sizes and appurtenances, and specifications and other supporting data for the required streets, utilities and other facilities. Such construction plans shall be based on plans which had received preliminary approval. Construction plans are subject to approval by the responsible public agencies. All construction plans shall be prepared in accordance with the standards or specifications contained in the City Design and Infrastructure Standards and the City Construction Specifications, and eight sets shall be submitted to the City Planning Department for review and approval.

C. Upon completion of the construction of all required streets, utilities and other facilities, as-built drawings shall be prepared at the proprietor's expense by a professional engineer registered in the State of Michigan and submitted to the City.

§ 10-8 Topsoil.

Removal of topsoil from areas to be developed shall be prohibited except in those areas to be occupied by buildings, roads or parking areas. A plan for storage or stockpiling of topsoil shall be submitted by the proprietor with the final site plan and shall be approved prior to receiving final approval.

§ 10-9 Completion of improvements.

A. Prior to the undertaking of any improvements, the proprietor shall deposit with the Clerk cash, a certified check or irrevocable bank letter or credit, whichever the City selects, or a surety bond acceptable to the City Commission, to insure faithful completion of all improvements within the time specified. The amount of the deposit shall be set by the City Commission based on an estimate of the City Engineer. The City Commission shall release funds for the payment of work as it is completed and approved by the municipality.

B. Prior to the acceptance by the municipality of improvements, a two-year maintenance bond in an amount set by the City Commission shall be posted by the proprietor. Improvements shall be provided by the proprietor in accordance with the standards and requirements established in this section and/or any other such standards and requirements which may, from time to time, be established by ordinance or published rules of the City.

§ 10-10 Compliance standards.

The approvals required under the provisions of this chapter shall be obtained prior to the installation of any condominium or project improvements within the City, in public streets, public alleys, public rights-of-way and public easements, and/or under the ultimate jurisdiction of the City. All condominium or project improvements within the City installed in public streets, public alleys, public rights-of-ways or public easements, and/or under the ultimate jurisdiction of the City, shall comply with all of the provisions and requirements of this or any other related ordinance.

§ 10-11 Construal of provisions.

The provisions of this chapter shall be held to be the minimum requirements adopted for the promotion and preservation of public health, safety and general welfare of the City. This chapter is 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 Lapeer County, except that this chapter shall prevail in cases where this chapter imposes a greater restriction than is provided by existing statutes, laws or regulations.

§ 10-12 Review fees.

The City Commission shall establish a fee schedule for the review of all applications included in this chapter. This fee schedule may be amended by the City Commission, as required.

§ 10-13 Violations and penalties.

Violation of this chapter shall be a misdemeanor which is punishable by imprisonment for not more than 90 days, or a maximum fine of $500, or both.

§ 10-14 Severability.

If any section, paragraph, clause, phrase or part of this Condominium Ordinance is for any reason held invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this chapter; and the application of those provisions to any persons or circumstances shall not be affected thereby.

§ 10-15 Repealer.

All ordinances and amendments thereto enacted and/or adopted by the City Commission inconsistent with the provisions of this chapter are hereby repealed, as of the effective date of this chapter. The repeal of the above ordinances and their amendments does not affect or impair any act done, offense committed, or right accruing, accrued or acquired or liability, penalty, forfeiture or punishment incurred prior to the adoption of this chapter.

§ 10-16 Variations from standards.

A. In cases where variances from the dimensional standards of Chapter 7, Zoning, are deemed necessary, said variances shall be granted by the Zoning Board of Appeals subject to the procedures and standards outlined in Chapter 7, Zoning.

B. Waivers from standards contained in the City of Lapeer Condominium Ordinance may be granted by the City Commission following a recommendation by the Planning Commission. The Planning Commission shall consider input from the appropriate public authority(ies) in making its recommendation.

(1) In making its findings, the Planning Commission shall consider the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons proposed to reside or work in the subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. The Planning Commission shall include its findings and the specific reasons therefore in a report of recommendations to the City Commission and shall also record its reasons and actions in the minutes.

(2) The Planning Commission shall only recommend waivers that it deems necessary or desirable for the public interest. No waiver shall be recommended unless the Planning Commission finds the following:

(a) That there are such special circumstances or conditions affecting said property that the strict application of the provisions of this chapter would clearly be impractical or unreasonable. In such cases, the proprietor shall first state his/her reasons in writing as to the specific provision or requirement involved and submit them to the Planning Commission.

(b) That the granting of the specific waiver will not be detrimental to the public welfare or injurious to other property in the immediate area.

(c) That such waiver will not violate the provisions of the Condominium Act.

(d) That such waiver will not have the effect of nullifying the interest and purpose of this chapter and the Master Plan of the City of Lapeer.

C. Application for any waiver or variance shall be submitted in writing by the proprietor at the time the preliminary plan is filed, stating fully and clearly all facts relied upon by the proprietor and shall be supplemented with maps, plans, or other additional data which may aid in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan.

§ 10-17 Enforcement.

The City Commission hereby appoints the City Manager the enforcing officer of this chapter, and it shall be his or her duty to enforce the provisions hereof. The City Manager may delegate these duties to another department or official, and may call upon any department or official of the City of Lapeer to furnish him or her with such information and assistance as he or she may deem necessary for the observance or enforcement of this chapter. It shall be the duty of such department or official to furnish such information and assistance whenever required.

§ 10-18 Effective date.

This chapter shall become effective on the 15th day of October 2003.