[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.
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.
COMMON ELEMENTS — Those portions of a condominium project other than the condominium units.
CONDOMINIUM PROJECT — A plan or project consisting of not less than two condominium units established in conformance with the Condominium Act.
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.
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.
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.
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.
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.
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.
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.
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.
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]
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:
Proposed name of the project.
Full legal description to adequately describe the parcel or parcels comprising the project.
Names and addresses of the applicant, owners and professionals who designed the project.
Scale of the plan. (Maximum scale shall be 100 feet to an inch.)
Date of preparation.
Boundary lines of the proposed project.
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.
Location, widths and names of existing or prior easements of record, public and/or private.
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.
Existing topographical information drawn at contours with a maximum of two-foot intervals.
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.
Proposed elements. The preliminary plan shall contain the following information:
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.
Layout, numbers and dimensions of lots, including building setback lines, showing dimensions and finished grade elevations of the first floor elevation of buildings.
Proposed topography, including contour lines at the same interval as shown for existing topography.
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.
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.
A statement describing the sewage system and the method to be approved by the City of Coldwater.
A statement describing the water supply system.
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.
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.
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.
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.
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.
[Ord. No. 526, passed 6-24-1996]
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.
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]
In general. The procedure for review and approval of a plan for a site condominium project shall consist of two stages:
Planning commission review of preliminary plan.
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.
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:
Conformity of the proposed site condominium and its related bylaws with the objectives of the City's Comprehensive Plan.
The project developer's financial and technical capacity to meet the design and improvement standards of this chapter.
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:
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.
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.
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.
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.
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.
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.
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:
Received approval of the preliminary plan;
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;
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;
Received approval of the lot drainage and of the soil erosion and sedimentation plan; and
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.