STATE OF MICHIGAN
COUNTY OF OAKLAND
CHARTER TOWNSHIP OF INDEPENDENCE
ORDINANCE NO. 83 ORDINANCE AMENDING CERTAIN ARTICLES OF ORDINANCE NO. 83
The Charter Township of Independence ordains as follows for incorporation into the Independence Township Code:
Article III, Definitions, Section 3.01 shall be amended to add certain definitions to apply in the application of the regulations of the Ordinance, to wit:
Condominium. A place or project consisting of not less than two (2) condominium units established in conformance with the Condominium Act, Act 59 of the Public Acts of 1978, as amended, and this Ordinance.
The following additional definitions shall apply in the application of the regulations of this Ordinance:
1. Condominium Documents: The master deed recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or bylaws which affect the rights and obligations of a co-owner in the condominium.
2. Condominium Unit. The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed.
3. General Common Elements. The common elements other than the limited common elements.
4. 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.
5. Master Deed. The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan for the project and all other information required by Section 8 of the Condominium. Act.
Site Condominium. A condominium development containing uses permitted in the zoning district in which located, in which each co-owner owns exclusive rights to a volume of space within which a structure or structures may be constructed, herein defined as a condominium unit, as described in the master deed.
The following additional definitions shall apply in the application of the regulations of this Ordinance:
1. Building envelope shall mean the ground area occupied, or to be occupied by the principal structure which is, or is intended to be placed on a building site, together with any attached accessory structures, e.g., house and attached garage.
2. Building site shall mean the condominium unit, including the building envelope and the contiguous limited common area or element under and surrounding the building envelope, and shall be the counter-part of ‘lot? as used in connection with a project developed under the Subdivision Control Act, Act 288 of the Public Acts of 1967, as amended.
Wireless communications facilities shall mean and include all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals, including those of a public utility. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, micro-wave relay facilities, telephone transmission equipment building and private and commercial mobile radio service facilities. Not included within this definition cue: citizen band radio facilities; short wave receiving facilities; radio and television broadcast reception facilities, federally licensed amateur (ham) radio facilities; satellite dishes; and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.
The following additional definitions shall apply in the application of the regulations of this Ordinance.
1. Attached wireless communications facilities shall mean wireless communication facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles, and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition.
2. Wireless communication support structures shall mean structures erected or modified to support wireless communication antennas. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.
3. Collocation shall mean the location by two (2) or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, with the view toward reducing the overall number of structures required to support wireless communication antennas within the community.
Except as modified herein, all other terms and conditions of this Article III, Section 3.01 shall remain the same.
Article V, General Provisions. Section 5.11(2), Definitions, shall be amended as follows:
The existing provisions of 5.11(2)(a}(b)(c)(d) and (e) are repealed and amended as follows:
(2) Definitions. The definitions that shall apply in the interpretation and application of this Ordinance and section are set forth in Article III, Definitions.
Article V, Section 5.11(3), Authorization, Subsection l(a) and (b) are amended to read as follows and subsection l(c) is repealed:
1a. An existing structure, including public utility poles and structures, which will serve as an attached wireless communication facility where the existing structure is not, in the discretion of the Planning Commission, proposed to be either materially altered or materially changed in appearance; provided the accessory equipment building is either not visible from any residence or can be screened in accordance with the standards set forth in Section 5.13.
1b. A proposed collocation upon an attached wireless communication facility which had been pre-approved for such collocation as part of an earlier approval by the Township.
Except as modified herein, all other terms and conditions of this Article V, Section 5.11, shall remain the same.
Article V, Section 5.11(5), Application Requirements, Subsection (a) is hereby amended to read as follows:
a. A site plan prepared in accordance with Section 5.12 shall be submitted, showing the location, size, screening and design of all buildings and structures, including fences, and the location and size of outdoor equipment, and the location, number and species of proposed landscaping. In the case of an existing structure, including public utilities pole and structures, which will serve as an attached ‘Wireless communication facility, the Director may waive the requirements for conceptual site plan approval and allow the applicant to submit a final site plan, provided all other applicable requirements are met.
Except as modified herein, all other terms and conditions of this Article V Section 5.11 shall remain the same.
Article V, Section 5.12, Site Plan Review, Subsection (1) is amended to read as follows, subsections l(a) (b) (c) (d) (e) (f) and (g) are amended as follows, and subsection 2(a) shall be amended to add 2(a)(9):
1. Site Plan Review in Use Districts Required. A site plan shall be submitted to the Planning Department for approval of any use in the R-2, R-3, RMT, O, OS-I, OS-2, C-I, C-2, C-3, C-4, MS, REC, ML, MH, IOP, and RO zones, and further such site plan approval shall be required in the following situations:
a. Any use of development for which the submission of a. site plan is required by a provision of this Ordinance.
b. All residentially-related Special Land Uses as permitted in single-family districts such as, but not limited to: Churches, schools, public facilities and similar uses.
c. All uses subject to the Michigan Condominium Act, PA 59 of 1978, as amended.
2(a)9) Statement of intent, if applicable, to develop the property under the Michigan Condominium Act, PA 59 of 1978, as amended.
Except as modified herein, all other terms and conditions of this Article V Section 5.12 shall remain the same.
Article V, Section 5.22, Condominium Projects, Subsection l(a) (b) (c) (d) (e) and (f), are repealed and amended as follows:
1. Intent. It is the intent of this Section to regulate condominium projects in accordance with this Ordinance and any other applicable Township standards and regulations.
Article V, Section 5.22, Subsection (2)(a), is amended to read as follows:
2(a) Conceptual site plan approval.
Article V, Section 5.22, Subsection 3 is amended to read as follows:
3. Conceptual site plan approval. A developer of a condominium project shall initially submit an application for conceptual site plan approval, in accordance with the requirements set forth in section 5.12, Site Plan Review.
a. Following review and recommendation by appropriate consultants, the conceptual site plan shall be reviewed by the Planning Commission for conformance with all applicable laws and ordinances, including the Design Standards Ordinance and the design requirements of the Subdivision Control Ordinance.
b. The Planning Commission shall also ascertain whether, based upon the submission, it appears, based upon the initial information presented, the conceptual site plan will conform with requirements for site plan review.
c. If the conceptual site plan conforms in all respects, conceptual site plan approval shall be granted by the Planning Commission. If the conceptual site plan fails to conform, the Planning Commission shall either deny the application or grant with conditions with a time limit for compliance with such conditions and resubmission, as deemed appropriate by the Planning Commission.
d. Conceptual site plan approval shall confer upon the developer a commitment of approval for a period of one year with regard to the size, shape and layout of building sites) and street layout. Such conceptual site plan approval may be extended if applied for by the proprietor within the effective period and approved by the Township Planning Commission.
Article V, Section 5.22, Site Condominium Projects, Subsection 4, is amended to read as follows:
4. Final site plan approval. Following approval of the conceptual site plan, if the developer desires to proceed with the project, an application for final site plan approval shall be submitted for review in accordance with the requirements of Section 5.12, Site Plan Review, and this section. In addition to any information required to be submitted for site plan approval, the developer shall include with the application for final site plan approval, sufficient information for determination whether the project conforms with all applicable laws, codes, ordinances, rules and regulations enforceable by the Township.
a. The application for site plan review shall also include a copy of the proposed master deed, bylaws and any additional documentation to be recorded with the register of deeds, for review and recommendation by the appropriate Township consultants. The master deed shall be reviewed by the Planning Commission, with the advice of the Township consultants as deemed appropriate by the Planning Commission, with respect to all matters subject to regulation by the Township, including without limitation, ongoing preservation and maintenance of drainage, retention, wetland and other natural areas and common areas, and maintenance of landscaping in common areas, in the project.
b. If the site plan conforms in all respects, final site plan approval shall be granted by the Planning Commission. If the final site plan fails to conform, the Planning Commission shall either deny the application, or grant with conditions with a time limit for compliance and such conditions and resubmission) as deemed appropriate by the Planning Commission.
c. Final site plan approval shall be effective for a period of one year. Such approval may be extended if applied for by the developer within the effective period and granted by the Township Planning Commission.
Article V, Section 5.22, Site Condominium Projects, Subsection 5, is amended to read as follows:
5. Following the grant of site plan approval, if the developer desires to proceed with the project, an application for final engineering approval shall be submitted which shall include plans and information in sufficient detail for the Township, and appropriate consultants, to determine compliance with all applicable laws, codes, ordinances, rules and regulations for the construction of the project, including, without limitation, the Design Standards Ordinance. A building permit for construction of a unit on a building site shall be issuable at such time as final engineering plans have been approved, all applicable permits and approvals have been secured from other governmental entities, and all improvements for the project have been constructed, provided, however, the Planning Commission may determine that certain improvements need not be constructed prior to issuance of building permits on the condition that the applicant has deposited a suitable performance guarantee, as set forth in Section 5.12.7.
Article V, Section 5.22, Site Condominium Projects, Subsections 6(a) (b) and (d) are amended to read as follows:
6. Additional regulations applicable to site condominium projects.
a. Each building site shall meet the requirements for street access set forth in Section 5.07 of this Zoning Ordinance, except that the Planning Commission may approve a private road designed and constructed in accordance with the Township Development Design Standards Ordinance, Article IX, Streets, Driveways, Safety Paths and Paving.
b. There shall be compliance with all requirements of the schedule of regulations, and other provisions of this section and other applicable ordinances, including, but not limited to the Development Design Standards Ordinances, codified as Chapter 8.1 and the Subdivision Control Ordinance, codified as Section 18-56 through Section 18.107 with the understanding that reference to ‘lot? in such regulations shall mean and refer to ‘building site? as defined in this Section, and reference to ‘building?? (meaning principal building) or ‘structure? (meaning principal structure) shall mean and refer to ‘building envelope? as defined under this section. In the review of conceptual site plans, site plans and engineering plans, it is recognized that it may not be feasible to precisely apply traditional definitions and measures applicable to developments proposed under, for example, the Subdivision Control 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 Subdivision Control Act (aside from procedure).
d. Prior to issuance of certificates of occupancy, the developer shall demonstrate approval by and other governmental entities having jurisdiction, and the Director of Building and Planning shall determine that all improvements have been completed in accordance with approved plans. If the director determines that a temporary certificate of occupancy may be issued prior to full completion, such a temporary certificate of occupancy may be granted for a specified period on the condition that a suitable performance guarantee, as set forth in Section 5.12.7, is provided.
Except as modified herein, all other terms and conditions of this Article V, Section 5.22, shall remain unchanged.
If one or more repealed and/or amended sections, provisions, phrases or words of this Ordinance are declared to be invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining sections, provisions, phrases and words of this Ordinance, which shall continue in full force and effect, and to this end, this Ordinance is declared to be severable.
All proceedings pending and all rights and the liabilities existing, acquired or incurred at the time this Ordinance takes effect are saved and may be consummated according to the law in force when they are commenced.
This Ordinance shall be effective upon publication in the manner prescribed by law.
It is certified that the revision to the Ordinance set forth above was duly adopted by the Township Board of the Charter Township of Independence at a meeting duly called and held on the 6th day of December, 2005.
CHARTER TOWNSHIP OF INDEPENDENCE
By: Shelagh VanderVeen, Clerk
PUBLISHED: 9/16/05 & 12/14/05