TABLE OF CONTENTS

Page

ARTICLE I - TITLE AND PURPOSE

1.1 Short Title 1

1.2 Interpretation 1

1.3 Purpose 1

ARTICLE II - DEFINITIONS

2.1 Definitions 3

ARTICLE III - UTILITY EXTENSIONS

3.1 Service Areas 7

3.2 Utility Extensions 7

3.3 Utility Service Requests 8

3.4 Utility Charges 8

ARTICLE IV - PROCEDURES

4.1 Approvals 9

4.2 Preapplication Discussion 9

4.3 Site Condominium Preliminary Plans 10

4.4 Submission of Site Condominium Preliminary Plans 10

4.5 Planning Commission Review 11

4.6 Township Board Step I Review, Site Condominium Preliminary Plan 11

4.7 Township Board Step II Review, Site Condominium Preliminary Plan 12

4.8 Site Condominium Final Plan Approval 14

ARTICLE V - PLAN DETAILS

5.1 Preliminary Plan 15

5.2 Final Plan 16

TABLE OF CONTENTS

(Cont'd)

Page

ARTICLE VI - LOT SIZES

6.1 Density-Utility Relationships 17

6.2 Complete Utility Subdivisions 17

6.3 Rezoning When Utilities are Provided 17

ARTICLE VII - REQUIRED IMPROVEMENTS IN SITE CONDOMINIUM PROJECTS

7.1 Complete Utility Site Condominium 19

7.2 Variations in Site Condominium 22

7.3 Cost Distribution of Oversized Improvements 22

ARTICLE VIII - GENERAL PROVISIONS FOR SITE CONDOMINIUMS

8.1 Master Plan 23

8.2 Streets 23

8.3 Lots 24

8.4 Block Lengths 24

8.5 Public Easements 24

8.6 Business and Industrial Site Condominium 25

8.7 Performance Guarantees 25

8.8 Law 25

8.9 Inspection and Specifications 25

ARTICLE IX - GROUNDS AND PROCEDURE FOR A VARIANCE

9.1 Grounds for a Variance 27

9.2 Procedure for a Variance 27

ARTICLE X - VALIDITY, ADMINISTRATION AND ENFORCEMENT

10.1 Administration 29

10.2 Validity 29

10.3 Enforcement 29

10.4 Effective Date 30

SITE CONDOMINIUM AND UTILITY EXTENSION ORDINANCE

An ordinance regulating site condominiums under the provisions of Act 59 of the Public Acts of 1978, as amended, and adopted under the provisions of Act 184 of the Public Acts of 1943, as amended, requiring the preparation and presentation of preliminary and final plans for such purposes; establishing minimum standards; providing for minimum inprovements to be made or guaranteed to be made by the developer; setting forth the procedures to be followed by the Township Board in applying these rules, regulations, and standards; and prescribing penalties for the violation of its provisions:

Port Sheldon Township, Ottawa County, Michigan, does ordain as follows:

ARTICLE I

TITLE AND PURPOSE

1.1 SHORT TITLE. This Ordinance shall be known as the "Site Condominium and Utility Extension Ordinance" of the Township of Port Sheldon.

1.2 INTERPRETATION. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements adopted for the promotion of public health, safety, convenience and general welfare. It shall be administered to insure orderly growth and development, to protect and conserve land and natural features, and adequately provide for streets, utilities and other land improvements in the Township.

1.3 PURPOSE. The purpose of this Ordinance is to insure that plans for developments within Port Sheldon Township proposed under the provisions of the Condominium Act, Act 59 of the Public Acts of 1978, shall be reviewed with the objective and intent of achieving the same characteristics and land use result as if the development and improvements therein were being proposed pursuant to the Subdivision Control Act, Act 288, of the Public Acts of 1967 as amended, including, without limitation, conformance with all requirements of the Port Sheldon Township Zoning Ordinance, as amended. Nothing in this Ordinance shall be construed as requiring a Site Condominium Subdivision to obtain approval under the Port Sheldon Township Land Subdivision and Utility Extension Ordinance of the Subdivision Control Act. This Ordinance is adopted to also accomplish the following:

(1) To carry out the purpose and intent of the Condominium Act, PA 59 of the Public Acts of 1978, as amended.

(2) To further the orderly layout and development of the Township.

(3) To provide for and regulate the economical provision or extension of utility services, streets and other necessary land improvements.

(4) To require that land be suitable and suitably improved for building sites.

(5) To provide for adequate drainage.

(6) To prevent the premature development of land; to provide for proper ingress and egress to lots.

(7) To promote proper surveying, monuments and legal descriptions.

(8) To provide for safe and convenient traffic circulation and traffic movement.

(9) To insure against the creation of unsafe or undesirable conditions.

(10) To conserve the value of property.

(11) To regulate the density of development in relation to utility services for the protection of the public health.

(12) To conserve energy and natural features.

(13) To carry out the purpose and intent of the Township Master Plan and Zoning Ordinance.

(14) To establish rules and procedures for the process of subdivision under said act.

(15) To provide for the adoption of improvement standards.

(16) To provide penalties for the violation of this Ordinance.

(17) To provide for the variation of these rules and requirements.

(18) To protect the health, safety and general welfare of the inhabitants of the Township and the public.

ARTICLE II

DEFINITIONS

2.1 DEFINITIONS. 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, the Land Subdivision and Utility Extension Ordinance, the Port Sheldon Township Zoning Ordinance, other Port Sheldon Township development regulations and the Condominium Act.

(1) Board: The Port Sheldon Township Board.

(2) Clerk: The clerk of the Township.

(3) Commission: The Port Sheldon Township Planning Commission.

(4) Condominium Structure or Building Envelop: The principle building or structure intended for or constructed upon a lot or condominium unit, together with any attached accessory structures, e.g., in a residential development, the condominium structure or building envelop would refer to the house and any accessory buildings.

(5) Condominium Unit: That portion of the condominium project designed and intended for separate ownership interest and use, as described in the Master Deed, regardless of whether it is intended for residential, office, industrial, business, or recreational use as a time-share unit, or any other type of use.

(6) Lot(s): The same as Building Site(s) and that portion(s) of a condominium project designed and intended for separate ownership interest and/or exclusive use, as described in the Master Deed. Lot may be further defined as:

(a) A condominium unit as defined above, consisting of the area under a building envelope and the contiguous area around the building envelope; or

(b) The contiguous limited common element under and surrounding a condominium unit that is or shall be assigned to the owner(s) of the condominium unit for the owner(s) exclusive use.

(7) 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 is attached as exhibits and incorporated by reference, the approved by-laws for the project and the approved condominium subdivision plan for the project.

(8) Site Condominium Project: A condominium project developed under Public Act 59 of 1978, as amended, comprising of more than two (2) condominium units which is not subject to the provisions of the Subdivision Control Act, Public Act 288 of 1967, as amended.

(9) Setback - Front, Side, and Rear Yard: Front, side and rear yard setbacks shall mean the distance measured from the respective front, side and rear yard lines associated with the “condominium unit/building site” to the respective front, side and rear of the Condominium unit.

(10) Proprietor: A natural person, firm, association, partnership, corporation, or combination of any of them which may hold any ownership interest in land whether recorded or not.

(11) Street:

(a) Major Arterial Street/Road: A street/road designated as such on the Master Plan, as amended, and the Ottawa County Road Commission intended to serve high volume traffic movements across the Township.

(b) Minor Arterial Street/Road: A local street/road intended primarily to serve adjacent neighborhood properties and designated by the Ottawa County Road Commission as a county local road.

(c) Secondary Street: A street designated by the Planning Commission to serve moderate volume traffic within a subdivision.

(12) Utility Development:

(a) Complete Utility Development: A development in which arrangements have been made for both water service and sewage disposal by public utility systems.

(13) Yards:

(a) Front Yard: An open unoccupied space extending across the full width of the condominium unit and lying between any street property line and the nearest foundation of any part of the building which is roofed or which is more than three feet in height.

(b) Side Yard: An open unoccupied space on the same condominium unit with he building between the foundation of any part of the building and the side lot line, extending from the front yard to the rear yard.

(c) Rear Yard: A space unoccupied extending across the full width of the condominium unit between the rear foundation of any building other than an accessory building, and the rear line of the condominium unit.

ARTICLE III

UTILITY EXTENSIONS

3.1 SERVICE AREAS. All site condominium projects that are approved must be serviced by public sanitary sewers and public water or private community sanitary sewer. All units within a site condominium project that is approved must have within the public road or street adjacent to each such lot a sanitary sewer line and water line which shall run to the lot line of each such lot. The size and specifications of such sanitary sewer lines and water lines shall be as specified by the Township and consistent and compatible with the system to which it is connected.

3.2 UTILITY EXTENSIONS. Public water and sanitary sewer utilities may be extended under any of the following methods:

(1) By petition to the Township Board by the owners of a majority of the area to be served by the extension.

(a) Upon receipt of the petition, the Township Board shall hold a hearing of necessity for the purpose of determining the need and desirability of the extension.

(b) If it is determined to proceed with the extension, the Township Board shall cause an assessment roll to be prepared to allow the cost of the extension and shall hold a public meeting to confirm the roll. The assessment roll shall thereafter be deemed active, with a set schedule of payments established.

(2) By extension without petition. When the Township Board determines that an extension of a utility is necessary or desirable, but has not received a petition as noted above, it may cause or permit the utility to be extended with or without an active assessment roll, provided a suitable means of financing the extension is first established. Cost of the extension may be covered by any one or more of the following methods:

(a) Establishment of an active assessment roll.

(b) Establishment of a deferred assessment roll.

(c) Establishment of a schedule of charges to be paid when properties are connected to the utility.

(d) Payment by a single interested party - with or without a "payback" agreement.

(e) Establishment of trunkage charges or other charges to be collected as properties are connected to the utility.

(f) By utility service charges.

(g) By construction as part of an approved site condominium project or property expansion.

(h) By other means deemed desirable and adequate.

3.3 UTILITY SERVICE REQUESTS. Where utility services have been placed in public streets or public easements adjacent to a parcel, requests to connect to the utility shall be made to a representative of the Township designated by the Township Board. A connection permit shall be granted after all applicable charges, fees, assessments, agreements, or other arrangements have been paid or established as determined by the designated representative.

3.4 UTILITY CHARGES. The Township Board shall establish service charges adequate to pay the operational costs of a utility system and, if deemed desirable, to also pay for a portion of the capital investment, including depreciation charges. The service charges may be altered from time to time by the Township Board as deemed necessary to meet these obligations.

ARTICLE IV

PROCEDURES

4.1 APPROVALS. The following procedure must be completed in order for a site condominium to receive approval by the Township:

(1) Site Condominium Preliminary Plan approval by the Planning Commission.

(2) Site Condominium Preliminary Plan approval by the Township Board - Step I.

(3) Site Condominium Preliminary Plan approval by the Township Board - Step II.

(4) Site Condominium Final Plan approval by the Township Board.

Although not required, a proprietor is encouraged to undertake pre-application discussions with the Planning Commission.

4.2 PRE-APPLICATION DISCUSSION. Prior to the preparation of a Site Condominium Preliminary Plan, there should take place a pre-application discussion meeting between the proprietor and the Planning Commission. The purpose of this meeting is to inform the Planning Commission of a proprietor's intent to initiate a site condominium. On or before this meeting, the proprietor should submit the following to the Commission:

(1) Several copies of a sketch, to scale, indicating the general location and configuration of the property to be developed; the alignment of streets and lots; and the relationship of the proposed development to adjacent streets and neighboring properties.

(2) A statement indicating how sanitary sewer and water service will be extended.

During the pre-application discussion meeting, it shall be the responsibility of the Planning Commission, insofar as information is available to it, to inform the proprietor about the following:

(3) General requirements of this Ordinance and the Zoning Ordinance.

(4) Planned or anticipated sites of parks and recreation areas and other public uses.

(5) Utility system capabilities.

(6) Planned or anticipated public improvements, including streets, utility extensions and the like.

(7) Major street plans and potential problems relative to the natural features of the area including, but not limited to, flood plains, soil conditions, topography, and ground water tables.

(8) Additional information which will assist the proprietor in proceeding in a reasonable and sound manner toward Final Plan approval.

Pre-application discussions are intended for information purposes only and do not constitute binding commitments on the part of the Township. Neither do they imply tentative approval of any subsequent preliminary plan. Furthermore, such discussions shall not carry the authority to proceed with construction or to sell or transfer property.

4.3 SITE CONDOMINIUM PRELIMINARY PLANS. The Preliminary Plan approval procedure is intended to assure the Township that the proprietor is proceeding toward a Final Plan which will conform to all applicable regulations and be acceptable to the Township and other approving agencies. Approval of the Preliminary Plan by the Township shall not relieve the proprietor from obtaining the necessary approvals from other agencies having jurisdiction over other aspects of the site condominium project.

4.4 SUBMISSION OF SITE CONDOMINIUM PRELIMINARY PLANS.

(1) The submission shall be made as set by the resolution adopted by the Township Board for establishing submission deadlines. The following procedure shall be followed: (amended November 11, 2004)

(a) Submit fourteen (14) copies of the Preliminary Plan to the Township Clerk.

(b) Submit to the Township Clerk a filing fee as determined by resolution by the Township Board.

(c) The Township Clerk shall retain one (l) copy of the Site Condominium Preliminary Plan and, within seven (7) days from submission, forward two (2) copies to the Supervisor, one (l) copy to the Township Planner, one (l) copy to the Township Engineer, and two (2) copies to the Secretary of the Planning Commission.

(2) In order to accomplish the necessary review, the proprietor or his agent is encouraged to be present at all meetings of the Planning Commission and the Township Board at which the Site Condominium Preliminary Plan will be reviewed. The plan shall be reviewed by the Supervisor, Planner and Engineer who shall report to the Planning Commission on any suggestions or recommend changes.

4.5 PLANNING COMMISSION REVIEW. The Planning Commission shall review the Site Condominium Preliminary Plan and the comments of the Supervisor, Planner and Engineer. Particular attention shall be given to the requirements of Article V of this Ordinance. If the Site Condominium Preliminary Plan meets the requirements of this Ordinance, the Planning Commission shall give it Preliminary Approval. The Secretary of the Planning Commission shall forward one (l) copy of the Site Condominium Preliminary Plan along with a notation indicating Preliminary Approval and any recommendations to the Township Board for Step I approval.

If the Site Condominium Preliminary Plan does not meet the requirements of this Ordinance, the Planning Commission shall:

(1) Deny Site Condominium Preliminary Plan approval and setting forth its reasons in writing; or

(2) Grant Site Condominium Preliminary Plan approval contingent upon completion of the revisions as noted.

The Secretary of the Planning Commission shall forward one (l) copy of the Site Condominium Preliminary Plan along with the Planning Commission's recommendations to the applicant and one (l) copy to the Township Board.

4.6 TOWNSHIP BOARD STEP I REVIEW, SITE CONDOMINIUM PRELIMINARY PLAN. After receipt of the Site Condominium Preliminary Plan and recommendations from the Planning Commission, the Township Board shall consider the Preliminary Plan at its next meeting or within 20 days from the date of receipt from the Planning Commission.

(1) The Township Board shall consider the Site Condominium Preliminary Plan along with the recommendations of the Planning Commission, Supervisor, Planner and Engineer. If the plan meets the Site Condominium Preliminary Plan requirements of this Ordinance, the Board shall grant Step I Site Condominium Preliminary Plan approval. The Township Clerk shall sign the plan with the notation that it has received Step I approval:

(a) That the general terms and conditions under which Step I approval was granted will not be changed by the Township.

(b) That the lot sizes, lot orientation, and street layout have been approved.

(c) That Step I approval may be extended if applied for by the proprietor prior to the one (l) year expiration date and granted by the Township Board in writing.

(2) If the Site Condominium Preliminary Plan substantially meets the requirements of this Ordinance, the Township Board may grant conditional approval of Step I, such approval being conditioned upon the submission of such changes, revisions or additional material as is determined to be necessary to complete Step I. Upon the submission of such changes, revisions or additional material, the Site Condominium Preliminary Plan shall be granted unconditional Step I approval and the proprietor shall be so notified.

(3) If the Site Condominium Preliminary Plan does not substantially meet the requirements of this Ordinance, the Township Board shall deny Step I approval and so notify the proprietor along with the reasons therefore.

4.7 TOWNSHIP BOARD STEP II REVIEW, SITE CONDOMINIUM PRELIMINARY PLAN. After the Township Board has granted Step I approval, the proprietor shall submit two (2) copies of the Site Condominium Preliminary Plan to the Township Board for Step II review. The submission shall be made as set by the resolution adopted by the Township Board for establishing submission deadlines. The proprietor shall also submit the following: (amended November 11, 2004)

(a) A list of all reviewing authorities certifying that the list shows all authorities as follows:

County Road Commission

County Drain Commission

Michigan Department of Transportation

Michigan Department of Natural Resources

Michigan Water Resources Commission

County Health Department

Others as deemed appropriate by the Township Board

(b) A copy of each review or site report by the above noted authorities after their approval has been secured, provided that approval is required by State statue or regulation.

(c) A draft copy of the Master Deed.

(1) The Township Board shall consider the Site Condominium Preliminary Plan and the above noted material and, if found to be in compliance with the terms of this Ordinance, shall grant Step II approval. Step II approval shall give the proprietor the following rights for a period of two (2) years from the date of approval:

(a) That the general terms and conditions under which Step II approval was granted will not be changed and the proprietor may proceed with the installation of required improvements.

(b) That the proprietor may submit all or parts of the Step II approved Site Condominium Preliminary Plan as a Site Condominium Final Plan in accordance with the Condominium Act, as amended, and this Ordinance.

The two (2) year period may be extended if applied for by the proprietor and grant by the Township in writing. Written notice of the extension shall be sent by the Township Clerk to the other approving authorities.

(2) If the Site Condominium Preliminary Plan substantially meets the requirements of this Ordinance, the Township Board may grant tentative approval of Step II, such approval being conditioned upon the submission of such changes, revisions or additional material as is determined to be necessary to complete Step II. Upon the submission of such changes, revisions, or additional material, the Site Condominium Preliminary Plan shall be granted unconditional Step II approval and the proprietor shall be so notified. The Township Board may, at its discretion, delegate final Step II review authority to the Township Planner and/or Engineer who shall be responsible for insuring that the conditions established for Step II approval have, in fact, been met. Once the Step II conditions have been met, the Township Board, shall grant final Step II approval. Final Step II Site Condominium Preliminary Plan approval shall also be noted on the copy of the Site Condominium Preliminary Plan to be returned to the proprietor.

(3) If the Site Condominium Preliminary Plan does not substantially meet the requirements of this Ordinance, the Township Board shall deny Step II approval and so notify the proprietor along with the reasons therefore.

(4) Installation of all site condominium project improvements authorized by Step II approval shall be in accord with the requirement of the appropriate agency or utility having jurisdiction. The following have jurisdiction in Port Sheldon Township:

Ottawa County Road Commission - streets, sidewalks, storm sewers </