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(A) Base Zoning District. Unless specifically waived or modified by the Village Council, all requirements of this chapter and the zoning district in which the site is located shall remain in effect, except for lot area, lot coverage and yard regulations.
(B) Design flexibility. To encourage flexibility and creativity consistent with the common open space community concept, the Village Council may grant specific departures from the requirements of this chapter for lot area, lot coverage and yards as part of the special land use approval process. Any modification shall be approved through a finding by the Village Council that the deviation will result in a higher quality of development than would be possible based on the conventional standards. Regulatory modifications are not subject to appeal or to variance approval by the Zoning Board of Appeals (see §§ 152.442(B), 152.444 and 152.445).
(C) Landscaped buffer area. The outside boundary of the development site shall be surrounded by a landscaped buffer area in compliance with § 152.329.
(D) Access.
(1) All vehicular access to the site shall be directly from an arterial road or collector road.
(2) Dedicated pedestrian and bicycle pathways shall be provided along each interior road and throughout the site. These pathways, which may include sidewalks, shall connect to adjacent sites to the maximum degree possible.
(E) Internal roads. Construction of private roads as a means of providing interior circulation is encouraged. Private roads within a residential open space development are exempted from the design requirements of the Village Technical Standards, if all of the following findings are made by the Planning Commission:
(1) The roads are adequate for emergency vehicle access, as verified in writing by the Putnam Township Fire Marshal and Pinckney Police Department;
(2) A deed restriction is placed on the project site that perpetually vests free simple of the land area in the parties adjoining the road and prohibits future transfer to the public; and
(3) An acceptable maintenance plan is provided, including a means of guaranteeing maintenance assessments from the affected property owners.
(F) Common open space.
(1) A minimum of 30% of the net site area shall be maintained as dedicated common open space held in collective ownership.
(2) The total area of dedicated common open space shall be equal to or exceed the total lot area by which all individual residential lots are reduced below the district standard.
(3) Common open space areas shall be located on the same site as the residential open space development and shall be readily accessible by all residents of the development.
(4) Common open space areas shall be of adequate size and configuration to accommodate the intended use, and shall not include narrow or irregular pieces of land (for example, remnants from the layout of lots, roads and parking areas).
(5) The dedicated common open space shall forever remain common open space, subject only to uses approved by the village and shown on the approved site plan. Further division of common open space or its use for other than approved recreation, conservation or agricultural purposes shall be strictly prohibited.
(6) The dedicated common open space shall be set aside by the developer through an irrevocable conveyance that is found acceptable to the Planning Commission, such as:
(a) Recorded deed restrictions;
(b) Covenants that run perpetually with the land; or
(c) A conservation easement established per the State of Michigan Conservation and Historic Preservation Easement Subpart Part 21, Natural Resources and Environmental Protection Act, Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq., as amended (M.C.L.A. §§ 324.2140 et seq.)
(7) The conveyance shall assure that the common open space will be protected from all forms of development, except as shown on the approved site plan and shall never be changed to another use. Furthermore, the conveyance shall:
(a) Indicate the allowable use(s) of the dedicated common open space;
(b) Require the dedicated common open space to be adequately maintained by parties with an ownership interest in the common open space;
(c) Provide detailed standards for scheduled maintenance of the common open space; and
(d) Provide for maintenance to be undertaken by the Village of Pinckney in the event that the dedicated common open space is inadequately maintained, or is determined by the village to be a public nuisance, with a means of assessing all related costs upon the property owners.
(8) Any structure(s) accessory to an approved recreation, conservation or agricultural use may be erected within the dedicated common open space, subject to the approval of the Planning Commission. The accessory structures shall not exceed, in aggregate, 10% of the required common open space.
(9) National Recreation and Park Association Standards, standards established by a sports governing body or standards obtained from another credible source shall be used to determine the exact spatial and dimensional requirements needed for a specific type of recreation area or facility.
(10) The developer shall be required to improve recreation areas so that they are usable for the intended activity, including necessary facilities and equipment. The proposed improvements, including facilities and equipment, shall be acceptable to the village.
(G) Water and sewage. The development shall be served by public or community water and sewage treatment facilities, constructed and maintained in accordance with all applicable state and county statutes and ordinances.
(Ord. 37, passed 8-28-2005; Ord. 139, passed 9-11-2017) Penalty, see § 152.999
ENVIRONMENTAL PERFORMANCE STANDARDS
It is the purpose of this subchapter to preserve the environmental health, safety and welfare of the Village of Pinckney, its residents and business owners. No land use otherwise allowed by this chapter shall be permitted within any district that does not conform to the following minimum environmental standards.
(Ord. 37, passed 8-28-2005) Penalty, see § 152.999
(A) Compliance required. All land uses shall comply with the environmental performance standards established herein unless any federal, state, county or village law, ordinance or regulation establishes a more restrictive standard, in which event the more restrictive standard shall apply.
(B) Glare and exterior lighting. For the purposes of this section, public streetlights shall be considered an essential public service, as defined in § 152.267.
(1) Exterior lighting shall be located and maintained to prevent the reflection or glare of light in a manner that creates a visual nuisance or safety hazard.
(2) All outdoor lighting shall be fully shielded and directed away from, and no light source shall be visible from, adjacent properties, roads and public rights-of-way.
(3) Reasonable lighting for safety and security purposes shall be encouraged, subject to the limitations set forth herein.
(4) Lighting shall not exceed one-half foot candles at a residential lot line or one foot candles at a nonresidential lot line.
(5) Light intensity shall not exceed ten foot candles in any given area on the site. The Planning Commission, at its discretion, may allow for an increased level of lighting if it can be demonstrated that the lighting is necessary for safety and security purposes.
(6) Pole mounted light fixtures shall not exceed 20 feet in height. On portions of a site adjacent to a residential district or use, light fixtures shall not exceed 15 feet in height.
(7) The design and/or screening of the development shall insure that glare from vehicle headlights shall not be directed towards any adjacent property, particularly residential property.
(8) No glare from any activity (such as arc welding or acetylene torch cutting) shall be visible from any point beyond the property upon which the use is being conducted.
(9) Reflective materials on building facades and/or rooftops shall not create a nuisance or safety hazard.
(10) Any site plan review required by §§ 152.385 et seq. shall also include submittal of the following:
(a) A lighting plan showing light fixture locations and types;
(b) Lighting equipment specifications, including construction drawings and data sheets; and
(c) A photometric plan showing horizontal light levels in a point-by-point format with contour lines.
(C) Noise.
(1) Noise levels as recorded at the lot line shall not exceed 60 decibels between the hours of 6:00 a.m. and 9:00 p.m. and shall not exceed 45 decibels between the hours of 9:00 p.m. and 6:00 a.m.
(2) Objectionable sounds of an intermittent nature or sounds characterized by high frequencies, even if falling below the aforementioned decibel readings, shall be so controlled so as not to become a nuisance to adjacent uses. This shall particularly apply to commercial activities adjacent to a residential district or use.
(3) These limits shall not apply to noise resulting from public safety signals or warning devices.
(D) Vibration. No activity or use shall create ground-transmitted vibrations that are recurring and perceptible at any property line.
(E) Airborne emissions.
(1) Air pollution. It shall be unlawful for any person, firm or corporation to permit the emission of any smoke, dust or other air contaminant in violation of applicable air quality standards adopted by the Federal Clean Air Act and the Michigan Department of Environmental Quality.
(2) Odors. Any condition or activity resulting in the emission of a noxious odor that is perceptible at any point along the property line shall be prohibited.
(3) Gases. Any condition or activity resulting in the emission of a gas that is explosive, injurious to people or destructive to property is prohibited.
(F) Electromagnetic interference. Any interference with normal radio, telephone or television reception across property lines shall be prohibited.
(G) Material use, storage and disposal.
(1) It shall be unlawful to pollute or otherwise impair the air, water, soil or any other natural resource within the Village of Pinckney as a result of the following activities:
(a) The use, storage and/or disposal of a hazardous substance; and
(b) The storage and/or disposal of solid, liquid, gaseous and/or sanitary waste.
(2) Any person, firm, corporation or other legal entity engaged in any of the above activities shall comply with all applicable federal, state and village regulations, including obtaining all necessary permits and/or licenses.
(3) No solid waste shall be stored or disposed of in such a manner as to create a nuisance, visual eye-sore or safety or environmental hazard.
(4) No operation that produces hazardous waste shall commence without prior notice to the Zoning Administrator. Notice shall be provided at least three weeks before the operation is commenced.
(H) Nonresidential uses involving hazardous and polluting materials. Nonresidential sites at which hazardous substances and polluting materials are stored, used or generated shall be designed to prevent spills and discharges to the air, surface of the ground, lakes, streams, rivers or wetlands. Hazardous substances and polluting materials as used in this section shall mean hazardous chemicals as defined by the Michigan Department of Community Health and the Michigan Department of Labor and Economic Growth, flammable and combustible liquids as defined by the Michigan State Police Fire Marshal Division, critical materials, polluting materials and hazardous waste as defined by the Michigan Department of Environmental Quality, hazardous substances as defined by the United States Environmental Protection Agency and hazardous materials as defined by the United States Department of Transportation.
(1) Secondary containment for above ground areas where hazardous substances and polluting materials are stored or used shall be provided. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance.
(2) General purpose floor drains shall be allowed only if they are authorized to be connected to a public sewer system, an on-site holding tank or a system authorized through a state groundwater discharge permit. Proof of authorization must be provided to the Village before a general purpose floor drain is installed.
(3) State and federal agency requirements for storage, spill prevention, record keeping, emergency response, transport and disposal of hazardous substances and polluting materials shall be met. No discharges shall be allowed without required permits and approvals.
(4) File with the local Fire Department a floor plan describing, in full detail, the location and identification of hazardous or polluting substances within the first three months of the commencement of business. The floor plan shall be updated with the local Fire Department on a yearly basis.
(Ord. 37, passed 8-28-2005; Ord. 154, passed 1-11-2021) Penalty, see § 152.999
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