22.25 CONDOMINIUM PROJECTS
New condominium projects and conversion condominium projects shall conform to the requirements of this Ordinance and all other applicable regulations of the Village and the Condominium Act. Each condominium project shall be reviewed in a manner consistent with like projects within the underlying zoning district. A site condominium project shall be considered equivalent to a platted subdivision for the purposes of enforcing site and building standards. It is the intent to regulate site condominium and single family condominium projects in a manner consistent with a traditional subdivision plat, except that the review procedures within this Ordinance shall apply.{Ord. 253, 5-12-91}
The following regulations shall apply to condominium projects:
a. Condominium Lot. For all purposes of this Ordinance, each condominium lot shall be considered the equivalent of a lot as defined in this Ordinance and shall comply with all applicable regulations of the zoning district in which it is located.
b. Computation. The area within a public or private street right-of-way shall not be included in the computation of minimum area of a condominium lot.
c. Dwelling Unit. In the case of a condominium project in which the condominium units are intended for single family residential purposes, not more than one single family dwelling unit shall be located on a condominium lot, nor shall any dwelling unit be located on a condominium lot with any other principal use.
d. Setback Requirement. Yard setback requirements as specified in SECTION 22.24 shall be measured from the boundaries of the condominium lot.
e. Utility Connections. Each condominium unit shall be separately connected to the Village water supply and sanitary sewer system. This requirement may be waived by the Village Council for cause upon recommendation of the Village Engineer.
f. Relocation of Lot Boundaries. Relocation of condominium lot boundaries, if allowed in the condominium documents, as permitted in Section 48 of the Condominium Act, shall comply with all regulations of the Village and shall be subject to the same procedures as the division of a lot of record.
g. Resulting Lots. Each condominium lot formed by the division of an existing condominium lot or lots, as permitted by Section 49 of the Condominium Act, shall comply with all requirements of the Village and shall be subject to the same procedures as the division of a lot of record.
h. Road Requirements in Condominium Projects. All public or private roads in a condominium project shall conform to the standards and specifications established by the Village of Beverly Hills for road design and maintenance. {Ord. 253, 5-12-91}
Prior to recording of the Master Deed of the condominium project as required by Section 72 of the Condominium Act, each condominium project shall receive a preliminary site plan approval from the Village. No permit for construction shall be issued by the Village until a condominium project has received final site plan approval from the Village Council. The condominium project shall be subject to the site plan review requirements in SECTION 22.08.290 and SECTION 22.25.040. {Ord. 253, 5-12-91}
22.25.040 SITE PLAN INFORMATION
A complete site plan for a condominium project shall be provided to the Village Building Official at least twenty-one (21) days in advance of a meeting for preliminary site plan review. The site plan may be reviewed and processed concurrently with the notice required to be given the Village pursuant to Section 71 of the Condominium Act. The following information shall be included on, or attached to a condominium project site plan:
a. Ownership Interests. All persons 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, lessee, or land contract vendee).
b. Proposed Use. The proposed use of the condominium project (for example: residential, commercial, industrial).
c. Density. Number of condominium units to be developed on the subject parcel and density per acre.
d. Circulation. The vehicular and pedestrian circulation system planned for the proposed development, including a designation of any street(s) as to whether they are proposed to be private or dedicated to the public.
e. Roads. The location of existing private and public roads adjacent to the proposed development with an indication of how they will connect with the proposed circulation system for the new development.
f. Design. The proposed layout of units, parking areas, open space and recreation/park areas.
g. Landscaping. Proposed landscape screening, including greenbelt and berms, and screening walls and a maintenance plan detailing maintenance responsibilities.
h. Condominium Regulations. All regulations proposed to be included in the condominium documents in the nature of restrictive covenants which regulate the layout, use and maintenance of public or common areas, accessory structures, payment of assessments, and enforcement of condominium regulations.
i. Additional Information. The following additional information must be submitted for Village review:
1. Cross sections of roads, drive aisles and paved area;
2. Site drainage showing topography and flow directions, including computations of flows into available public storm sewers or retention and/or detention areas;
3. Specific locations and dimensions of wetland areas, floodplain, and significant natural features such as tree stands, unusual slopes, streams and water drainage areas;
4. Preliminary approval by the Village of proposed sanitary, storm, and water system locations and connections;
5. The condominium documents as defined in this Ordinance;
6. All necessary easement documents showing the dedication of land areas for the purposes of constructing, operating, inspecting, maintaining, repairing, altering, replacing, and/or removing pipelines, mains, conduits and other installations of a similar character for the purpose of providing public utilities, including conveyance of sewage, water and storm water run-off across, through and under the property subject to said easement, and excavating and refilling ditches and trenches necessary for the location of said structures. {Ord. 253, 5-12-91}
The following standards are applicable to condominiums:
a. Single Family Detached Condominiums. The unit area, site, and/or lot of all Single Family Detached Condominiums shall be subject to all dimensional and area requirements and other Village standards for the zoning district in which they are located as stated in the Schedule of Regulations, SECTION 22.24 The Single-Family Residential Cluster Option (SECTION 22.26), and other applicable requirements of this Ordinance. Single family detached condominium projects shall not exceed the maximum permitted density for the zoning district in which the project is located, as determined on the basis of minimum lot area standards set forth in SECTION 22.24. All dimensions and required information shall be depicted on the site plan so that the Planning Board and Village Council can clearly determine that all applicable requirements are met.
b. Single Family Site Condominiums. Single family site condominium units and lots shall be subject to all dimensional and area requirements and other Village standards for the zoning district in which they are located as stated in the Schedule of Regulations, SECTION 22.24 and other requirements of this Ordinance. These regulations shall be applied by requiring that the area of condominium unit and the surrounding limited common element be, at a minimum, equal to the lot area and lot width requirements for the district in which the project is located. The area that the condominium unit encompasses for the principal building and the surrounding limited common element shall incorporate, at a minimum the equivalent of the minimum yard setback requirements as defined within this Ordinance and shall meet all the dimensional requirements of a lot for the zoning district in which it is located.
c. Commercial, Office, or Business Site Condominiums. Commercial, office or business site condominium projects shall be subject to all requirements applicable to the zoning district in which they are located. These regulations shall be applied by requiring that the site condominium unit and a surrounding limited common element to be equal to the minimum area and width requirements for the district in which the project is located. The uses contained in a commercial, office, or business site condominium project must be appropriate to the allowed uses of the underlying zoning district.
d. Subdivision Requirements. The design and construction standards for streets, sidewalks, utilities, storm drainage and subdivision layout as set forth in the Land Division Act, Act 288 of the Public Acts of 1967, as amended, MCL 560.101 et. seq., and Article 23 of the Village Code (subdivision regulations) shall apply to all site condominiums projects. The provisions of SECTION 22.26 shall also apply to condominium projects developed using the Single Family Residential Cluster Option.
e. Conversion Condominums. All conversion condominium projects shall be subject to the provisions of this Ordinance and shall require site plan approval by the Village Council prior to the occupancy of any converted condominium unit. The site plan shall include all existing conditions and clearly identify all proposed site modifications. The Village Council shall consider the site plan for a condominium conversion as a new site plan and may revise any requirements granted by a previous site plan approval. {Ord. 253, 5-12-91} {Ord. 299; 6-7-00
22.25.060 PRELIMINARY SITE PLAN APPROVAL
The Planning Board shall make a recommendation to the Village Council regarding a preliminary approval of the site plan for the proposed condominium project. Based upon the standards and requirements set forth in this Ordinance, the Village Planning Board shall review and make a recommendation to the Village Council who shall preliminarily approve, subject to conditions, or deny the site plan.
a. Effect of Denial. A denial shall mean that the site plan for the proposed condominium project does not meet the requirements of this Ordinance. A Council resolution of denial shall specify the reasons for the denial and those requirements which are not met.
b. Effect of Approval. A preliminary approval shall mean that the site plan for a condominium project meets the requirements of this Ordinance. Subject to any conditions imposed by the Village Council as part of its motion of approval, a preliminary approval assures the applicant that the project and site plan shall receive final approval if:
1. The applicant meets the requirements as stated in SECTION 22.25.70 for Final Site Plan Approval;
2. All state and county approvals are obtained;
3. No negative comments are received from any governmental agencies or public utilities during the required notice period; and
4. All federal, state and local laws and ordinances are met. All site condominium projects shall require the review and approval or comments from the following agencies prior to final site plan review by the Village:
a. The Oakland County Road Commission if any part of the project includes or abuts a county road;
b. The Oakland County Drain Commissioner; and
c. Michigan Department of Health and/or the Michigan Department of Natural Resources shall approve the extension of the water and sewer utilities.
A preliminary approval shall be valid for a period of one (1) year from the date of Village Council approval. {Ord. 253, 5-12-91}
22.25.070 FINAL SITE PLAN SUBMISSION
The developer or proprietor may request final approval by submitting to the Village the following items:
a. Revised Plan. A revised, dated site plan incorporating all of the changes, if any, required for preliminary approval.
b. Approvals or Comments. Verification of all required state and county approvals or comments pursuant to SECTION 22.25.060(b).
c. Section 71 Comments. Presentation of all comments pursuant to Section 71 of the Condominium Act.
d. Condominium Documents. Copies of the recorded condominium documents or copies of the documents in their final recordable form. {Ord. 253, 5-12-91}
22.25.080 FINAL SITE PLAN REVIEW
The Planning Board shall review and recommend an action to the Village Council regarding a site plan submitted for final approval. The Village Council may approve or deny the site plan.
a. Effect of Denial. A denial shall mean that the final site plan for the proposed condominium project fails to satisfy one or more of the following:
-The requirement of this ordinance,
-The conditions of preliminary site plan approval,
-The standards of other jurisdictions reviewing the plan, or
-That a discrepancy exits between the Village approved preliminary site plan and the condominium documents filed as required by the Condominium Act.
A motion of denial shall specify the reasons for the denial.
b. Effect of Approval. Final site plan approval shall mean that the site plan for a condominium project meets the requirements of this Ordinance and that the applicable permits for construction may be issued by the Village Building Official following the payment of required fees. A final site plan approval shall be valid for a period of one (1) year from the date of Village Council approval. {Ord. 253, 5-12-91}
All site condominium projects shall be marked with monuments as follows:
a. Required. Monuments shall be placed in the ground according to the following requirements, but it is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the condominium project if the angle points can be readily re-established by reference to monuments along the sidelines of the streets.
b. Construction. All monuments used shall be made of solid iron or steel bars at least one-half (1/2) inch in diameter and thirty-six (36) inches long and completely encased in concrete at least four (4) inches in diameter.
c. Location. 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; 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.
1. If the required location of a monument is inaccessible, or if 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.
2. If a point required to be monumented is on a bedrock outcropping, a steel rod, at least one-half (1/2) inch in diameter shall be drilled and grouted into solid rock to a depth of at least eight (8) inches.
3. All required monuments shall be placed flush with the surrounding grade where practicable.
d. Condominium Unit. Each condominium unit corner shall be monumented in the field by iron or steel bars or iron pipes at least eighteen (18) inches long and one-half (1/2) inch in diameter, or markers approved by the Village Engineer. Each condominium lot must be able to be defined by reference to appropriate condominium unit monuments.
e. Timing. The Village Council, on recommendation of the Village Engineer, may waive the placing of any of the required monuments and markers for a reasonable time, not to exceed one (1) year, following the date of final site plan approval, on the condition that the proprietor deposits with the Village Clerk cash or a certified check, or irrevocable bank letter of credit running to the Village, whichever the proprietor selects, in an amount approved by the Village. 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. {Ord. 253, 5-12-91}
22.25.100 POST CONSTRUCTION DOCUMENTS
It shall be the responsibility of a developer or proprietor of a condominium project to furnish the Village, through the Building Official, the following items:
- one (1) copy of the recorded Master Deed;
- one (1) copy of all restrictive covenants;
- two (2) copies of an "as built survey"; and
- one (1) copy of the site plan on a mylar sheet of at least thirteen by sixteen
(13 X 16) inches with an image not to exceed ten and one-half by fourteen
(10 1/2 X 14) inches.
In the case of a site condominium, these documents must be submitted prior to the connection to Village sanitary sewer and water service lines. For condominium projects which include the construction of structures, these documents must be submitted prior to occupancy of any structure. {Ord. 253, 5-12-91}
The Village Council, upon recommendation from the Village Building Official, may allow occupancy of a condominium unit before all required improvements are installed, provided that a bond is submitted sufficient in amount and type to provide for the installation of all remaining improvements without expense to the Village before the expiration of the Temporary Occupancy Permit. {Ord. 253, 5-12-91}
22.25.120 CONDOMINIUM PLAN REVISION
If the condominium subdivision plan as required by the Condominium Act is revised, the final site plan shall be revised accordingly and submitted for the review by the Village Council prior to the issuance of a building permit. The Village Council may require a new site plan review of the revised site plan, if, in its sole opinion, such changes in a document require significant changes to an approved site plan. {Ord. 253, 5-12-91}
22.25.130 AMENDMENT OF CONDOMINIUM DOCUMENTS
An amendment to any condominium document that affects the preliminary or final site plan, or any conditions of the preliminary or final site plan approval, shall be approved by the Village Council prior to the issuance of a building permit. The Village Council may require a new site plan review of an amended site plan, if, in its sole opinion, such changes in a document require significant changes to an approve site plan. {Ord. 253, 5-12-91}