Pursuant to authority conferred by Section 141 of the Condominium
Act, Public Act No. 59 of 1978 (MCL § 559.241), as amended,
all condominium subdivision plans must be approved by the Planning
Commission. The proposed condominium project shall undergo site plan
review and approval pursuant to Article 21 of this ordinance.
The following terms are defined both in the context of the condominium
act and in a manner intended to make comparison possible between the
terms of this ordinance and the subdivision and utility ordinance
with the condominium act:
Public Act No. 59 of 1978 (MCL § 559.101 et seq.),
as amended.
Shall be equivalent to the term "subdivision" as used in
this ordinance and the subdivision and utility ordinance.
That portion of the condominium project designed and intended
for separate ownership and use, as described in the master deed.
The site, survey and utility plans, floor plans, and sections,
as appropriate, showing the existing and proposed structures and improvements
including the location thereof on the land. The condominium subdivision
plan shall show the size, location, area, vertical boundaries and
volume for each unit comprised of enclosed air space. A number shall
be assigned to each condominium unit. The condominium subdivision
plan shall include the nature, location and approximate size of common
elements.
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.
A condominium project from which any portion of the submitted
land or buildings may be withdrawn pursuant to express provisions
in the condominium documents and in accordance with this ordinance
and the condominium act.
A condominium project containing condominium units some or
all of which were occupied before the establishment of the condominium
project.
A unit or a portion of the common elements of the condominium
project referred to in the condominium documents within which additional
condominium units or general or limited common elements may be created
pursuant to express provision in the condominium documents and in
accordance with this ordinance and the condominium act.
A condominium project to which additional land may be added
pursuant to express provision in the condominium documents and in
accordance with this ordinance and the condominium act.
Shall be equal to the distance between the front yard area
line and the condominium dwelling.
The same as the terms "homesite" and "condominium unit."
The condominium document recording the condominium project
as approved by the Zoning Administrator to which is attached as exhibits
and incorporated by reference the approved bylaws for the project
and the approved condominium subdivision plan for the project.
Shall be equal to the distance between the rear yard area
line and the condominium dwelling.
Shall be equal to the distance between the side yard area
line and the condominium dwelling.
The following regulations shall apply to all condominium projects
within the City of Ithaca:
24.03:1.
Initial information. Concurrently with notice required to be
given the City of Ithaca pursuant to Section 71 of Public Act No.
59 of 1978, as amended, (MCL § 559.171) a person, firm or
corporation intending to develop a condominium project shall provide
the following information with respect to the project:
(a)
The name, address and telephone number of:
(1)
All persons, firms or corporations with an ownership interest
in the land on which the condominium project will be located together
with a description of the nature of each entity's interest (for
example, fee owner, optionee, or land contract vendee).
(2)
All engineers, attorneys, architects or registered land surveyors
associated with the project.
(3)
The developer or proprietor of the condominium project.
(b)
The legal description of the land on which the condominium project
will be developed together with appropriate tax identification numbers.
(c)
The acreage content of the land on which the condominium project
will be developed.
(d)
The purpose of the project (for example, residential, commercial,
industrial, etc.).
(e)
Approximate number of condominium units to be developed on the
subject parcel.
24.03:2.
Information to be kept current. The information shall be furnished
to the Zoning Administrator and shall be kept updated until such time
as a certificate of occupancy has been issued pursuant to § 32.05.
24.03:3.
Site plans; new projects master deed and engineering and inspections.
(a)
Prior to recording to the master deed required by Section 72
of Public Act No. 59 of 1978 (MCL § 559.172), as amended,
the condominium project shall undergo site plan review and approval
pursuant to Article 21 of this ordinance.
(b)
In determining whether to approve a condominium subdivision
plan, the Planning Commission shall consult with the Zoning Administrator,
City Attorney and City engineer, regarding the adequacy of the master
deed, deed restrictions, utility systems and streets, subdivision
layout and design, and compliance with all requirement of the condominium
act.
24.04:1.
All condominium subdivisions plans shall include the information
required by Section 66 of the Condominium Act and the following:
(a)
A survey plan of the condominium subdivision.
(b)
A floodplain plan, when appropriate.
(c)
A site plan showing the location, size, shape, area and width
of all condominium units.
(d)
A utility plan showing all sanitary sewer, water, and storm
sewer lines and easements granted to the City for installation, repair
and maintenance of all utilities.
(e)
A street construction, paving and maintenance plan for all private
streets within the proposed condominium subdivision.
(f)
A storm drainage and stormwater management plan, including all
lines, swales, drains, basins and other facilities.
Prior to expansion or conversion of a condominium project to
additional land the new phase of the project shall undergo site plan
review and approval pursuant to Article 21 of this ordinance.
24.05:1.
Master deed, restrictive covenants and the "as built" survey
to be furnished:
(a)
The condominium project developer or proprietor shall furnish
the Zoning Administrator with the following: one copy of the recorded
master deed, one copy of all restrictive covenants and two copies
of an "as-built" survey. The "as-built" survey shall be reviewed by
the City engineer for compliance with City ordinances. Fees for this
review shall be established by resolution of the City Council.
24.06:1.
All condominium projects which consist in whole or in part of
condominium units which are building sites, or recreational sites
shall be marked with monuments as provided in this section:
(a)
Monuments shall be located in the ground and made according
to the following requirements, but is not intended or required that
monuments be placed within the travelled portion of a street to mark
angles in the boundary of the condominium project if the angle points
can be readily reestablished by reference to monuments along the side
lines of the streets.
(b)
All monuments used shall be made of solid iron or steel bars
at least one-half inch in diameter and 36 inches long and completely
encased in concrete at least four inches in diameter.
(c)
Monuments shall be located in the ground at all angles in the
boundaries of the condominium project; at the intersection lines of
streets and at the intersection of the lines of streets with the boundaries
of the condominium project and at the intersection of alleys with
the boundaries of the condominium project; at all points of curvature,
points of tangency, points of compound curvature, points of reverse
curvature and angle points in the side lines of streets and alleys;
at all angles of an intermediate traverse line and at the intersection
of all limited common elements and all common elements.
(d)
If the required location of a monument is an inaccessible place,
or, where the locating of a monument would be clearly impracticable,
it is sufficient to place a reference monument nearby and the precise
location thereof be clearly indicated on the plans and referenced
to the true point.
(e)
If a point required to be monumented is on a bedrock outcropping,
a steel rod, at least one-half inch in diameter shall be drilled and
grouted into solid rock to a depth of at least eight inches.
(f)
All required monuments shall be placed flush with the ground
where practicable.
(g)
All unit corners shall be monumented in the field by iron or
steel bars or iron pipes at least 18 inches long and one-half inch
in diameter, or other approved markers.
(h)
The City Council may waive the placing of any of the required
monuments and markers for a reasonable time, not to exceed one year,
on the condition that the proprietor deposits with the City Clerk
cash or a certified check, or irrevocable bank letter of credit running
to the City of Ithaca, whichever the proprietor selects, in an amount
not less than $25 per monument and not less than $100 in total. Such
cash, certified check or irrevocable bank letter of credit shall be
returned to the proprietor upon receipt of a certificate by a surveyor
that the monuments and markers have been placed as required within
the time specified.
All condominium projects shall be marked at their boundaries
with monuments meeting the requirements of § 24.06:1(b) above.
The condominium subdivision plan shall include all necessary
easements granted to the City of Ithaca for the purposes of constructing,
operating, inspecting, maintaining, repairing, altering, replacing,
and/or removing pipelines, mains, conduits and other installations
of a similar character (hereinafter collectively called "public structures")
for the purpose of providing public utilities, including conveyance
of sewage, water and stormwater runoff across, through and under the
property subject to such easement, and excavating and refilling ditches
and trenches necessary for the location of such public structures.
If a condominium subdivision is proposed to have private streets,
they shall be developed to the minimum design, construction, inspection,
approval, and maintenance requirements of Section 7.7 of the Subdivision
and Utility Ordinance. In addition, all private streets in a condominium
subdivision shall have a paved driving surface of asphalt or concrete.
Encroachment of one condominium unit upon another, as described
in Section 40 of the Condominium Act (MCL § 559.140), shall
be prohibited by the condominium bylaws and recorded as part of the
master deed.
The relocation of boundaries, as described in Section 48 of
the Condominium Act (MCL § 559.148), shall conform to all
setback requirements of this ordinance for the district in which the
project is located, shall be approved by the Zoning Administrator,
and this requirement shall be made part of the bylaws and recorded
as part of the master deed.
All subdivisions of individual condominium units shall conform
to the requirements of this ordinance for minimum lot width, lot area,
and building setback requirements, for the district in which the site
condominium project is located, and these requirements shall be made
part of the bylaws and recorded as part of the master deed. The applicant
may, at the City's discretion, apply the performance criteria
in Article 18 in the design and layout of sites in the condominium
subdivision.
All condominium projects shall comply with federal and state
statutes and local ordinances.
24.13:1.
State and county approval. The developer or proprietor of the
condominium project shall establish that appropriate state and county
approvals have been received with regard to the freshwater system
for the proposed project and with regard to the wastewater disposal
system for the proposed project.
The Zoning Administrator may allow occupancy of the condominium
project before all improvements required by this ordinance are installed
provided that a bond is submitted sufficient in amount and type to
provide for the installation of improvements before the expiration
of the temporary occupancy permit without expense to the City.
All condominium subdivision plans shall conform to the design,
layout and improvement standards of Articles 7 and 8 of the City of
Ithaca subdivision and utility ordinance, as amended. The requirements
of final plat approval in Section 4.3 of the Subdivision and Utility
Ordinance shall not apply to condominium subdivision plans, except
that a deposit in the form of cash, certified check, or irrevocable
bank letter of credit shall be made with the City Clerk to guarantee
the installation and completion of any required public sanitary sewer,
water supply, and drainage facilities, within a length of time agreed
upon from the date of final approval of the condominium subdivision
plan by the Planning Commission. Nothing in this section shall be
construed as requiring a condominium subdivision to obtain plat approval
under the City subdivision and utility ordinance or the Land Division
Act (MCL § 560.101 et seq.).
