Township schedules Oct. 14 hearing on condo association appeal of PUD CFO reissuance

Township planning staff told the Zoning Board of Appeals that an administrative appeal from a condo association representative is scheduled for Oct. 14 to review the reissuance of a certificate of occupancy/finish (CFO) for a 2022 planned-unit development (PUD).

Staff explained the dispute centers on differing views about whether the landscaping and other items required by the PUD were complete before the CFO was reissued. According to staff, the builder completed the main building, staff identified a punch list of outstanding items and then reissued the CFO after determining the PUD’s written conditions had been met. The condo association representative disagreed with that determination and filed an appeal.

Staff said there is an escrow held for incomplete work; staff and discussion in the meeting referenced an escrow amount of about $9,000 and noted that amount may not be adequate to cover full landscaping requirements for an 18-unit project. Staff told the board it will provide the original PUD approval documents, correspondence with the developer and a detailed staff report to the board ahead of the Oct. 14 hearing. Planning staff also said they can arrange to have the township attorney attend that meeting if board members have many legal questions.

Staff noted the condo association’s two principal complaints: that a sign referencing the development ("the lanterns") was not installed as expected, and that electrical wiring to the pavilion was not required by the original approval and therefore could not be compelled by staff. Staff reiterated that the township is bound by the written PUD language when determining what can legally be required of the developer.

The board did not take action on the appeal at this meeting; staff confirmed the hearing will be on Oct. 14 and condo association representatives are expected to appear.