§ 10.515. Site condominium regulations.
The review, design, development and maintenance of a site condominium project shall conform with the provisions of this section.
(A)
Review process. Review and approval as provided in this section shall be required to construct, expand or convert a site condominium project. The review process shall involve three phases: preliminary plan review, site plan review, and final engineering plan review.
(1)
Preliminary plan review and approval.
a.
Application. A developer of a proposed site condominium project shall submit to the city an application for preliminary plan approval on an application form provided by the city. The application form shall include all information called for on the form and shall be accompanied by 12 copies of a preliminary plan, the application and review fee, and any supplemental information the applicant desires to be considered during the preliminary plan review process. The city may require electronic (digital) submittal of applications and plans as the city develops the technological capabilities.
b.
Preliminary plan content. The preliminary plan shall include:
1.
Project name and location.
2.
Name, address and phone number of the developer and the name, address, phone number and seal of the surveyor or engineer who prepared it.
3.
The plan and layout shall be of sufficient detail on a topographic plan to determine whether the project meets requirements for lot size, lot shape, drainage, and the design of the proposed street network.
4.
Scale of not more than 100 feet to one inch.
5.
Legal description of the parcel of land to be developed.
6.
Proposed layout of the individual building sites, streets, wetlands and schematic location of proposed drainage, water and sanitary sewer service.
7.
Location of existing streets, lots, buildings, walls, utilities, major landscaping and wooded areas within 100′ of the site.
8.
In addition, the application and plan shall include other information deemed necessary by the planning commission for preliminary review.
c.
Preliminary plan review process.
1.
The application form and preliminary plan shall be forwarded to the site plan review committee for their review. Review comments shall be forwarded to the developer to be addressed prior to planning commission review.
2.
Following review and recommendation by the site plan review committee, the preliminary plan shall be reviewed by the planning commission for conformance with all applicable laws and Ordinances, including design standards relative to density, building site size and layout, streets and drainage.
3.
The planning commission shall ascertain whether, based upon the submitted application and preliminary plan, the preliminary plan will conform with all applicable Ordinance requirements relative to building site size, shape and layout, and street design.
4.
If the preliminary plan conforms with all applicable Ordinance standards, it shall be approved by the planning commission. If the preliminary plan fails to conform, the planning commission may either deny the application or grant approval with conditions. This provision does not authorize the planning commission to grant variances from this Ordinance.
5.
Preliminary plan approval shall confer upon the developer an approval, for a period of one year, of the proposed size and shape of building sites and street layout. Such preliminary plan approval may be extended if applied for by the proprietor within one year of the initial approval and approved by the planning commission.
(2)
Site plan review and approval.
a.
After preliminary plan approval by the planning commission, the developer shall submit an application for site plan review in accordance with section 10.514. Site plan review.
b.
Application for site plan review shall include a copy of the proposed master deed, by-laws and any additional documentation to be recorded with the register of deeds for review and approval. The master deed shall be reviewed with respect to all matters subject to regulation by the city, including, without limitation, ongoing preservation and maintenance of drainage, detention, landscaping, wetland and other natural areas, and maintenance of general and limited common elements.
c.
The site plan review committee shall review the site plan, master deed and by-laws and shall approve the proposed condominium project if it conforms with all applicable Ordinance standards and conditions of preliminary plan approval. If the proposed condominium project does not conform with said standards and conditions, the site plan review committee may deny the proposed condominium project or refer the proposal back to the planning commission for reconsideration of the preliminary plan.
d.
Site plan approval shall be effective for a period of one year.
Site Condominium Review Process—City of Madison Heights
(3)
Final engineering plan review and approval.
a.
Following site plan approval, the developer shall submit an application for final engineering approval to the city. The application shall include plans and information in sufficient detail to determine compliance with all applicable laws, codes, Ordinances, rules and regulations enforceable by the city subject to applicable provisions of subsection b below.
b.
The city's engineering consultant shall review the final engineering plans and shall approve the plans when they conform with all applicable Ordinance standards, requirements, and conditions of site plan approval.
c.
A building permit for construction of individual condominium units may be applied for when the final engineering plan has been approved, all applicable permits and approvals have been secured from other government entities, and all improvements for the project have been constructed. The city may determine that certain improvements need not be constructed prior to issuance of building permit for an individual condominium unit, provided that all improvements shall be completed prior to issuance of a certificate of occupancy for any condominium unit and the developer posts a performance guarantee for the timely completion of such improvements.
(B)
Additional site condominium regulations.
(1)
Each condominium building site shall front on and have direct access to a public street constructed to City of Madison Heights and applicable Road Commission for Oakland County standards.
(2)
There shall be compliance with all requirements of sections 10.400 and 10.401 Schedule of regulations, and other provisions of this Ordinance and other applicable ordinances, with the understanding that reference to "lot" in such regulations shall mean and refer to "condominium building site" or "building site," and reference to "building" (meaning principal building) or "structure" (meaning principal structure) shall mean and refer to "condominium unit." In the review of preliminary plans, site plans and engineering plans, it is recognized that it may not be feasible to precisely apply traditional definitions and measures which would be made for developments proposed under, for example, the Land Division Act. However, the review of plans submitted under this section shall be accomplished with the objective and intent of achieving the same results as if the improvements were being proposed pursuant to the Land Division Act.
(3)
Prior to any grading or land development activity and/or the issuance of building permits, the developer shall demonstrate approval by county and state entities having jurisdiction with regard to any aspect of the development, including, without limitation, roads, water supply, sewage disposal and storm water drainage.
(4)
Prior to issuance of any certificates of occupancy, the developer shall demonstrate approval by any other governmental entities having jurisdiction that all improvements have been completed in accordance with approved plans.
(5)
Within 60 days following final inspection and approval of all improvements, the developer shall submit to the city an "as-built" survey, including dimensions and elevations of each improvement and the boundaries of the building sites. The corners of each condominium building site shall be staked in the customary manner in connection with a survey performed for the project.
(6)
The fees for all reviews shall be established by resolution adopted by the city council.
(7)
Amendments of plans or the master deed which have received final approvals and which would have substantive impact upon any matter reviewed or approved under this section shall be reviewed and approved by the planning commission prior to recording.
(Ord. No. 1001, § 1, 12-11-00)