A.
Purpose and scope.
(1)
Site condominium projects are condominium developments in which
each condominium unit consists of an area of vacant land and a volume
of vacant air space within which a building or other improvements
may be constructed by the condominium unit owner. Each site condominium
unit may also have an appurtenant limited common element reserved
for the exclusive use of the owner of the condominium unit. Either
the condominium unit by itself, or the condominium unit taken together
with any contiguous, related common element, shall be considered to
constitute a building site, which is the functional equivalent of
a "lot" for the purpose of this chapter and other applicable laws,
ordinances, and regulations. Site condominium projects may also include
general common elements consisting of community open space, recreational
areas, streets, and other areas available for use by all owners of
condominium units within the project. Subject to the district zoning
provisions applicable to the project's location, any land use permitted
by the Ordinance may be permitted in a site condominium project.
(2)
The purpose of this section is to ensure that the plans for
developments within the Township of Buchanan proposed under the provisions
of the Condominium Act, Act 59 of the Public Acts of 1978, MCLA § 559.101,
as amended, shall be reviewed with the objective and intent of achieving
the same characteristics as if the development and improvements therein
were being proposed pursuant to the Subdivision Control Act, Act 288
of the Public Acts of 1967, MCLA § 560.101 et seq., as amended.
It is further the intent of this section to ensure that such development
is in conformance with the requirements of this chapter, other applicable
Township ordinances and state and federal regulations.
B.
Step I Review: site condominium review and approval procedures (preliminary
plan). Application for preliminary plan review and approval of a site
condominium subdivision shall be in accordance with the following
procedures:
(1)
Prior to the formal application for a site condominium development,
the developer shall meet with the Planning Commission. The purpose
of this meeting is to inform the Planning Commission of the applicant's
intent to initiate a site condominium project. Ten days prior to this
meeting, the applicant shall submit the following to the Zoning Administrator,
who shall distribute it to all Planning Commission members.
(a)
A sketch drawn to scale indicating the general location and
configuration of the property to be developed, the alignment of streets
and building sites, and the relationship of the proposed project to
adjacent streets and neighboring properties.
(b)
A statement regarding the provision of sewer service and water
supply.
(2)
During the preliminary discussion meeting, the Planning Commission,
based on the information available to it, shall inform the applicant
of the following:
(a)
General requirements of this section and other applicable provisions
of this chapter.
(b)
Planned or anticipated sites of parks and recreation areas and
other public uses.
(c)
Utility system capabilities.
(d)
Planned or anticipated public improvements including streets,
utility extensions, and the like.
(e)
Street plans and potential problems relative to the natural
features of the area, including, but not limited to floodplains, soil
conditions, topography, and groundwater tables.
(f)
Additional information which will assist the applicant in proceeding
in a reasonable and sound manner toward the final approval of the
site condominium project.
(g)
This review is intended for informational purposes only and
does not constitute binding commitments on the part of the Township,
nor do they imply tentative approval of any proposed site condominium
project. Furthermore, such discussions shall not carry the authority
to proceed with construction or to sell or transfer property.
C.
Step II Review: Site condominium review and approval procedures.
(1)
An application for review of a site condominium subdivision
project shall be made to the Township Clerk along with the appropriate
fees as required by Township Board resolution. The application shall,
at a minimum, contain the following information:
(a)
Application for certificate of zoning compliance, which upon
issuance shall ensure that the project, as proposed, is capable of
being developed in conformity with the standards and regulations applicable
to the zoning district in which the project is located, subject to
the customary procedures applicable to Township approvals of individual
uses on individual building sites.
(b)
The applicant's name, address, and phone number.
(c)
Proof that the applicant is the owner of the property or has
the legal or financial interest in the property, such as a purchase
agreement.
(d)
The name, address, and phone number of the owner(s) of record,
if different from that of the applicant.
(e)
The legal description, address and tax parcel number of the
property.
(f)
Project description, including number of structures, dwelling
units, square feet of building sites, open spaces, and estimated inhabitants,
phasing, etc.
(g)
Gross and net size of the parcel (in acres).
(h)
Written comments and/or approvals from the list of agencies
(EGLE, Berrien County Drain Commissioner, Berrien County Road Department,
and other appropriate state and county review and enforcement agencies
having direct approval or permitting authority over all or part of
the project's construction phases) resulting from their review of
the site condominium subdivision plans, as applicable.
(i)
A copy of the proposed deed restrictions or covenants for the
site condominium subdivision.
(j)
A copy of any preliminary agreements which may be required before
final plan approval is granted.
(k)
A copy of the proposed master deed of the project and the supportive
information which is intended to be recorded with the County Register
of Deeds as required by state law.
(2)
The applicant shall provide at least two copies and one digital copy of the site condominium project plan and additional copies deemed necessary by the Zoning Administrator. The plans at the time of their submittal shall contain the information required for the site condominium plan as required by Article XXIII.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
The application and plans shall be submitted at least 30 days
before the next regularly scheduled meeting of the Planning Commission.
(4)
Upon receipt of the preliminary site condominium project plans,
the Zoning Administrator shall forward one copy to each member of
the Planning Commission, and the Township Engineer or Planning Consultant,
for consideration at the next regularly scheduled meeting of the Planning
Commission.
(5)
The Zoning Administrator shall notify by mail all the members of the Planning Commission that a meeting will take place at a specified time concerning the property proposal for the site condominium project. At this or a subsequent meeting, a public hearing shall be held. Notice of said hearing shall be given consistent with § 300-28.02C, Publication and delivery of notice of public hearing, of this chapter. The Township Clerk shall also give such notice of the meeting as required by the Open Meetings Act. In reviewing the preliminary plan, the Planning Commission shall give particular attention to all information required to accompany the submission, in particular the deed restrictions and covenants after the Township Attorney has reviewed them, in an effort to determine that they are adequate to ensure ultimate completion of the project in accordance to the proposed project plan. If the preliminary plan meets the requirements of this chapter and all other applicable local, state, county, and federal regulations, the Planning Commission shall make recommendation regarding the plan to the Township Board of Trustees. If the plan does not meet the requirements of this chapter, the Planning Commission shall:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Setbacks and boundaries. The setback requirements for condominium
buildings shall be determined as follows:
(1)
Single-family units.
(a)
The front yard setback shall be 1/2 the approved or recorded
street right-of-way, plus the current setback for the existing zoning
district.
(b)
The side yard setbacks shall be 1 1/2 the minimum required
within the zoning district. The minimum distance from the leading
edge of the building to the limit of development (outer property line
of the total development) shall be a distance equal to the rear yard
setback.
(c)
The rear yard setback between the rear of two units (lots) shall
be twice the minimum rear yard setback of the zoning district. The
minimum distance from the rear leading edge of the building to the
limit of development (outer property line of the total development)
shall be a distance equal to the rear yard setback.
(2)
Multiple-family dwelling units shall meet the standards of the
R-2 Medium Density (Suburban) Residential District.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
The relocation of boundaries as defined in Section 48 of the Michigan Condominium Act, MCLA § 559.148, shall conform to all setback requirements of this Subsection D, of the district in which the project is located, shall be submitted to the Planning Commission for review and approval, and these requirements shall be made a part of the bylaws and recorded as part of the master deed.
E.
Common elements. After construction of a condominium unit, the undeveloped
area of a unit shall become a common element.
F.
Subdivision of unit sites. Subdivision of condominium unit sites
is permitted following Planning Commission review and approval, contingent
upon the submission of an amended master deed to determine the effect
of the subdivision on the conditions of zoning or development plan
approval, and shall be made as part of the bylaws and recorded as
part of the master deed.
G.
Conformance with subdivision regulations. All condominium project
plans shall conform to the plan preparation requirements, design layout,
and improvements standards as established within this chapter or with
the Code of the Township of Buchanan.
H.
Water and wastewater. The condominium project shall comply with and
meet all federal, state, and county standards for a fresh water system
and wastewater disposal.
I.
Expansion and conversion. Prior to expansion or conversion of a condominium
project to additional land and new phases, it must be reviewed and
approved by the Planning Commission.
J.
Master deed. The project developer shall furnish the Township with
one copy of the proposed consolidated master deed, one copy of the
bylaws, and two copies of the proposed plans, along with a digital
copy of all documents. The proposed plans shall be reviewed for compliance
with this chapter to ensure that an assessment mechanism has been
included to guarantee adequate maintenance of common elements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
K.
As-built plans and occupancy. Submission of an as-built plan of a
condominium unit is required prior to occupancy. The Building Inspector
may allow occupancy of the project before all improvements required
are installed provided that an escrow is submitted to the Township,
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. The amount and form of the escrow shall be determined
by the Township Planning Commission. Fees for these reviews shall
be established and adjusted by the Township Board of Trustees.
L.
Final bylaws, consolidated master deed, and site plan. Upon approval
of the development, the applicant shall furnish the Township with
a copy of the bylaws and consolidated master deed.
M.
Compliance with other statutes and ordinances. All condominium projects
shall comply with pertinent federal, state, and local laws, statutes,
and ordinances.
N.
Following final review and revision, the applicant shall submit the
site condominium subdivision plans to the following agencies for their
approval:
(1)
Environment, Great Lakes and Energy (EGLE).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Berrien County Drain Commission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Berrien County Road Department.
(4)
Other appropriate state and county review and enforcement agencies
having direct approval or permitting authority over all or part of
the project's construction phases.
