SITE CONDOMINIUM AMENDMENT
October 19, 2011 - NOTICE
CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE ADOPTION
AMENDMENT TO ORD. 78,
ARTICLES II AND XXX
SITE CONDOMINIUM AMENDMENT
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, November 7, 2011, to be held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt an ordinance amending the Zoning Ordinance No. 78, Articles II and XXX, for the Charter Township of Orion, Michigan; to amend Sections 2.01 and Section 30.01; providing for repeal of conflicting ordinances and portions thereof; and providing an effective date.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1 of Ordinance
Pursuant to the provisions of the Michigan Zoning Enabling Act, pursuant to all applicable provisions of law, Articles II and XXX are amended by adding the herein after language in the Articles as follows:
ARTICLE II – Construction of Language and Definitions
* * *
Section 2.01 – Definitions
* * *
Condominium: A building or lot governed under Act 59, Public Acts of 1978, as amended. The following condominium terms shall apply in the application of this Chapter: Ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all the occupants, such as yards, foundations, basements, floors, walls, hallways, stairways, elevators and all other related common elements, together with individual ownership in fee of a particular unit or apartment in such building.
1. Condominium Documents: The master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or bylaws that affects the rights and obligations of a co-owner in the condominium.
2. Condominium Lot: The condominium unit and the contiguous limited common element surrounding the condominium unit, which shall be the counterpart of the "lot" as used in connection with a project developed under the Land Division Act, Act 288 of the Public Acts of 1967, as amended.
3. Condominium Unit: The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed.
4. General Common Elements: A portion of the common elements reserved in the master deed for the use of all of the co-owners.
5. 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.
6. 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 the condominium subdivision plan for the project, and all other information required by Section 8 of the Condominium Act.
7. Site Condominium: A condominium development containing residential, commercial, office, industrial, or other structures or improvements for uses permitted in the zoning district in which the condominium development is located, in which each co-owner owns the exclusive right to a volume of space within which each co-owner may construct a structure or structures.
* * *
Article XXX – Administrative Procedures & Standards
* * *
Section 30.01 – Site Plan Review Procedures, and Standards, and Condominium Requirements
* * *
G. Site Condominium and Condominium Project Regulations.
1. Intent. Pursuant to the authority conferred by Section 141 of the State Condominium Act (PA 59 of 1978), site plans shall be regulated by the provisions of this Chapter and approved by the Planning Commission.
2. General Requirements.
a. Each condominium lot shall be located within a zoning district that permits the proposed use.
b. For the purposes of this Chapter, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which it is located, and the provisions of any other statutes, laws, ordinances, and/or regulations applicable to lots in subdivisions.
c. In the case of a condominium containing single-family detached dwelling units, not more than 1 dwelling unit shall be located on a condominium lot, nor shall a dwelling unit be located on a condominium lot with any other principal structure or use. Required yards shall be measured from the boundaries of a condominium lot.
d. Each condominium lot shall front on and have direct access to a public street or a private street approved by the Planning Commission. An approved private street shall comply with the same standards for public subdivision streets as established and in accordance with the Charter Township of Orion engineering standards and Ordinance 60 (Land Division and Private Roads).
e. All condominium project plans shall conform to the plan preparation requirements, design, layout and improvement standards, as established by the Township as contained within the Charter Township of Orion Subdivision Regulations, Ordinance 27.
3. Site Plan Approval Requirements. Approval of the site plan and approval of the site plan and condominium documents by the Planning Commission shall be required as a condition to the right to construct, expand or convert a site condominium project. No permits for erosion control, building construction, grading, or installation of public water or sanitary sewerage facilities shall be issued for property in a site condominium development until a site plan has been approved by the Planning Commission and is in effect.
a. The applicant shall submit a site plan pursuant to the standards and procedures set forth in Section 30.01, Site Plan Review Procedures, of this Chapter.
b. The site plan and any preliminary documents shall be submitted to the Township for review by the Township Attorney, Township Engineer, and other appropriate staff.
c. The applicant shall submit detailed plans in accordance with Section 30.01.E to the Planning Commission.
d. The Planning Commission shall approve, deny, or postpone the condominium site plans based upon conformance with all applicable laws, ordinances and design standards.
e. The Planning Commission and/or Building Department, as a condition of approval of the site plan, may require the applicant to provide a performance guarantee as set forth in Section 30.09, Performance Guarantees, for the completion of improvements associated with the proposed use.
f. Following approval of the site plan, the final Condominium Documents and detailed engineering plans shall also be submitted to the Township.
g. Any condominium project containing more than five (5) units or more than two (2) acres of land shall also be submitted to the Township Board for review and approval.
h. Outside Agency Approval: The applicant shall be responsible for forwarding a copy of the approved condominium plan to all applicable State, County, and local agencies having jurisdiction over specific aspects of the condominium project, such as wetlands, storm drainage, soil erosion and sedimentation, and utilities. The outside agency approval may include one or more of the following:
· Road Commission for Oakland County
· Oakland County Drain Commissioner
· Oakland County Health Department
· Michigan Department of Environmental Quality
All necessary permits or approvals from applicable outside agencies shall be received prior to issuance of any building permits by the Township.
i. The Planning Commission may require review of final condominium documents, including but not limited to the Master Deed and/or Exhibit B drawings, before granting approval of the condominium site plan.
4. Required Improvements.
a. All design standards and required improvements that apply to a subdivision, under Ordinance No. 27, Subdivision Regulations, adopted by the Township Board, shall apply to any condominium development.
b. Each condominium unit shall be connected to an approved water and sanitary sewer system. Utility standards stated in Building Code shall apply to all condominium units proposed for location on any property that is not subdivided and recorded, or any property that is to be further subdivided.
c. Monuments shall be set at all boundary corners and deflection points and at all road right-of-way intersection corners and deflection points. Lot irons shall be set at all condominium lot corners and deflection points of condominium lot lines.
The Township may grant a delay in the setting of required monuments or irons for a reasonable time, but not to exceed one (1) year, on condition that the developer deposit with the Township Treasurer: cash, a certified check, or an irrevocable bank letter of credit running to the Township, whichever the developer selects, in an amount as determined from time to time by resolution of the Planning Commission. Such deposit shall be returned to the developer upon receipt of a certificate by a surveyor registered in the State of Michigan that the monuments and irons have been set as required, within the time specified. If the developer defaults, the Planning Commission shall promptly require a registered surveyor to set the monuments and irons in the ground as shown on the condominium site plans, at a cost not to exceed the amount of the security deposit.
d. Road rights-of-way shall be described separately from individual condominium lots, and shall be accurately delineated by bearings and distances on the condominium subdivision plan and the final site plan. The rights-of-way shall be for roadway purposes and for the purposes of locating, installing, maintaining, and replacing public utilities. The developer shall declare easements to the Township for all public water and sanitary sewer lines and appurtenances.
e. All improvements in a site condominium shall comply with the design specifications as adopted by the Township and any amendments thereto.
5. Information Required Prior to Occupancy. Prior to the issuance of occupancy permits for any condominium units, the applicant shall submit the following to the Building Department:
a. A copy of the recorded Condominium Documents (including exhibits).
b. A copy of any recorded restrictive covenants.
6. Revision of Site Condominium. If the site condominium subdivision plan is revised, the site plan shall be revised accordingly and submitted for review and approval or denial by the Planning Commission before any building permit may be issued, where such permit is required.
Minor modifications may be approved administratively by the Building Official. Minor modifications shall include proposed changes which do not affect the character or intensity of the site, vehicular or pedestrian traffic, drainage patterns, or the demand for public services.
The Building Official shall determine if the proposed modifications are minor and in accordance with these guidelines. If the modifications are not deemed minor by the Building Official, then review and approval by the Planning Commission shall be required.
7. Amendment of Condominium Documents. Any amendment to a Master Deed or bylaws that affects the site plan, or any conditions of approval of the site plan, shall be reviewed and approved by the Township Attorney and Planning Commission before any building permit may be issued, where such permit is required. The Planning Commission may require its review of an amended site plan if, in its opinion, such changes in the Master Deed or bylaws require corresponding changes in the site plan.
8. Relocation of Boundaries. Relocation of boundaries between adjoining condominium units, if permitted in the Condominium Documents, as provided in Section 48 of the Condominium Act, shall comply with all regulations of the zoning district in which it is located and shall be approved by the Planning Commission. These requirements shall be made a part of the bylaws and recorded as part of the Master Deed.
9. Subdivision of Condominium Lot. Each condominium lot that results in a subdivision of another condominium lot, if such subdivision is permitted by the condominium documents, as provided in Section 49 of the Condominium Act, shall comply with all regulations of the zoning district in which it is located, and shall be approved by the Planning Commission. These requirements shall be made a part of the condominium bylaws and recorded as part of the Master Deed.
* * *
SECTION 2 of Ordinance
Section 2 – Repeal
All other ordinances or parts of ordinances which are inconsistent or in conflict herewith are hereby repealed to the extent of such inconsistency or conflict.
SECTION 3 of Ordinance
Section 3 – Severability
The various parts, sections and clauses of this Ordinance are declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected.
SECTION 4 of Ordinance
Section 4 – Effective Date
This Ordinance shall be published in full in a newspaper of general circulation in the Charter Township of Orion, qualified under State law to publish legal notices, and shall become effective upon publication, as provided by law.
SECTION 5 of Ordinance
Section 5 – Adoption
This Ordinance is hereby declared to have been adopted by the Board of Trustees of the Charter Township of Orion at a meeting thereof duly called and held on the 7th day of November, 2011, and ordered to be given publication in the manner prescribed by the Charter of the Township of Orion.
Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday. Written comments may be submitted before the meeting to Penny S. Shults, Clerk, at the address listed above.
Penny S. Shults, Clerk
Publish: 10.19.11 Charter Township of Orion