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(A) No building or other structure shall be erected or altered to a height greater than the maximum allowed in the district in which it is located, except as permitted in divisions (B)(1) and (2) below.
(B) No ground shall be filled that will have the effect of exceeding the maximum allowed height. (See § 152.267 for definitions of building height and structure height).
(1) Ornamental and mechanical appurtenances may be added to rooftops, such as: steeples, belfries, cupolas, domes, chimneys, elevator and stairwell penthouses and ventilation systems provided:
(a) The appurtenance shall not exceed 25% of the total roof area; and
(b) The structure shall be setback from lot lines an additional one foot for each foot above the permitted height.
(2) Principal buildings in a commercial district, provided:
(a) The total building height shall not exceed 125% of the permitted height; and
(b) The building shall be setback from lot lines an additional one foot for each foot above the permitted height.
(Ord. 37, passed 8-28-2005) Penalty, see § 152.999
(A) Any residential subdivision, site condominium, multiple-family residential development, residential open space development, shopping center or commercial or industrial planned development shall provide and maintain sidewalks in compliance with the Village of Pinckney Technical Standards, §§ 152.100 et seq. and §§ 92.55 et seq.
(B) The following standards shall also apply:
(1) Sidewalks. Sidewalks shall be required by the Planning Commission on one or both sides of the road in consideration of factors such as the density of development, age characteristics of the expected residents, and expected traffic volumes along the street, proximity to other sidewalk systems and proximity to schools, public parks and public institutions. They must be built in accordance with the Village Technical Standards.
(a) The Planning Commission may eliminate the sidewalk requirement for special situations and where another type of pedestrian trail system will be provided by the developer.
(b) Public walkways may be required in the middle of any block over 1,350 feet in length to obtain satisfactory pedestrian circulation within the subdivision, to provide access to parks or common open space, to provide links with an adjacent subdivision or to provide access to an activity center. Where the walkways are required, an easement at least ten-foot wide shall be provided.
(c) Required sidewalks may be installed along the road frontage of a residential lot following construction of the dwelling unit. Where an approved subdivision plat or site plan contains sidewalks, a certificate of occupancy shall not be issued until the required sidewalk is installed along the road frontage of that individual lot.
(2) Construction standards. The following construction standards apply to pedestrian facilities within a residential project:
(a) The Planning Commission may permit six-foot wide stone or wood chip paths or wooded boardwalks in common open space areas or areas with sensitive environmental features instead of paved sidewalks. The unpaved path shall provide direct access to all lots where the Planning Commission waives the requirement for paved sidewalks;
(b) Sidewalks and bike paths shall be located within the road right-of-way, or another dedicated easement where grade or other factors prevent placement within the road right-of-way; and
(c) Crosswalk pavement markings and signs may be required.
((Ord. 37, passed 8-28-2005; Ord. 139, passed 9-11-2017; Ord. 154, passed 1-11-2021)
All site condominiums shall fully comply with the State of Michigan Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended. Concurrent with notice to the village required pursuant to § 71 of the Condominium Act (M.C.L.A. § 559.171) a person, firm or corporation intending to develop a condominium project shall provide the following information:
(A) Application information.
(1) The name, address and telephone number of the following:
(a) All persons, firms or corporations having an ownership interest in the property. For the purposes of this section, OWNERSHIP INTEREST shall mean the titled owner(s) and land contract holder(s);
(b) All engineers, attorneys, architects or registered land surveyors associated with the project; and
(c) The developer or proprietor of the condominium project.
(2) The legal description and tax identification number(s) of the subject lot(s).
(3) The total gross site area (acreage to be dedicated as public right-of-way shall be noted).
(4) A detailed description of all proposed land uses.
(5) The approximate number of condominium units to be developed.
(6) Building elevation and floor plans where applicable.
(7) A description of the proposed water system.
(8) A description of proposed wastewater treatment system.
(9) The location of floodplains, when appropriate.
(10) A site plan showing the location, area and dimensions of all building envelopes, building sites (limited commons area and general commons areas) and other requirements listed in § 66 of the Condominium Act (M.C.L.A. § 559.166) and §§ 152.385 et seq.
(11) A storm water management plan, including all conduits, swales, county drains, detention basins and other related facilities.
(12) Unrecorded, draft copies of the master deed bylaws and other restrictive covenants.
(B) Compliance required. All the requirements of Administrative Rules 401 (R559.401) and 402 (R559.402) promulgated by the Condominium Act shall be met.
(C) Roads.
(1) All building sites shall have direct access to a public or private road right-of-way. All roads shall be constructed to standards approved by the Village Council.
(2) Street layout. Street layout shall provide for the continuation of existing major road collector streets in surrounding areas, or conform to a plan for neighborhood development approved by the Planning Commission.
(3) Future connections. Certain proposed streets, as designated by the Planning Commission shall be extended to the boundary line of the parcel to provide future connection with adjoining land.
(4) Private streets. Private streets and roads shall generally be prohibited. If private streets or roads are approved, sufficient area shall be left undeveloped along the private street or road to allow for possible future right-of-way dedication per Livingston County Road Commission Standards.
(D) Street trees. Trees shall be provided along both sides of all streets, public or private, and shall be uniformly spaced to create a tree lined street at the minimum rate of one tree per lot or at a maximum distance of 50 feet on center within a ten-foot planting strip immediately adjacent to the road right-of-way. Street trees shall not interfere with any overhead or underground utility lines. Consideration should be given to the mature size and height of the tree when evaluating placement and species selection.
(E) Street lighting. Streetlights shall be provided in all residential developments. They shall have underground wiring. Light standards shall meet the minimum specifications of the electric utility company serving that area of the proposed development.
(F) Amendments or changes in project. Amendments or changes in a condominium project, as described in § 67 of the Condominium Act (M.C.L.A. § 559.167), shall conform to all design standards for the zoning district where the project is located, shall be approved by the village and this requirement shall be made part of the bylaws and recorded as part of the master deed.
(G) Delineation of condominium units. All individual condominium units shall conform to the design standards for minimum lot width, lot area, yard and setback requirements. The units shall be approved by the Village Council, and those requirements shall be made part of the bylaws and recorded as part of the master deed.
(H) Monumentation required. All condominium projects that consist in whole or in part of condominium units that are building sites, manufactured home sites or common open space or recreational sites, shall be marked with monuments as provided herein. With respect to the minimum requirements for the survey of a proposed condominium project, monuments shall be located in the ground according to the following requirements:
(1) Monuments consisting of iron, steel bars or pipes not less than one-half inch in diameter and 36 inches in length shall be placed at all major boundary corners of project area;
(2) Monuments shall be located in the ground at all angles in the boundaries of the condominium project boundary; 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 and at all angles of an intermediate traverse line;
(3) If a location of a monument is clearly impractical, it is sufficient to place a reference monument nearby and the precise location thereof shall be clearly indicated on the survey plan of the condominium subdivision plan and referenced to the true point;
(4) If a point required to be monumented is on a bedrock outcropping or other hard surface, a steel rod, not less than one-half inch in diameter shall be drilled and grouted into solid material to a minimum depth of eight inches and clearly labeled on the survey plan;
(5) All required monuments shall be placed flush with the ground, where practicable, in accordance with the final grade;
(6) All building areas shall be monumented in the field by iron or steel bars or pipes at least 18 inches long and one-half inch in diameter or other markers approved by the Village Council; and
(7) The Village Council may waive the placing of any of the required monuments and markers for a reasonable time, not to exceed one year, 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 of Pinckney, whichever the proprietor selects, in an amount not less than $25 per monument and not less than $500 in total. The 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. 37, passed 8-28-2005; Ord. 146, passed - -2020; Ord. 154, passed 1-11-2021)
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