§ 152.392 IMPACT ASSESSMENT REPORT.

(A) Compliance required. No grading, filling, removal of trees or other vegetation, or construction of improvements shall commence for any development that requires site plan approval until the final site plan and land use permit have been approved by the village.

(B) Application information. All applications for site plan review shall include the following:

(1) Fee. The required application and escrow fees, as established by the Village Council in the Village Fee Schedule. No part of the application fee shall be refundable.

(2) Application form. Three completed copies of the village application form, which shall be signed by the property owner(s) and contain the following information:

(a) The name, address and telephone number of the applicant(s) and property owners(s);

(b) If the applicant is not the property owner(s), a notarized statement signed by the property owner(s) that the applicant is acting on the owner's behalf; and

(3) Site plan. A site plan in compliance with § 152.389 (preliminary) or § 152.391 (final), as applicable and conforming to Village Technical Standards.

(a) The applicant shall submit four individually folded copies of the site plan on 24-inch by 36-inch sheets and one digital copy. See Village Zoning Administrator for format details.

(b) The site plan shall be drawn to scale of not less than one inch = 20 feet for property under three acres and not more than one inch= 50 feet for sites three acres or more.

(c) Upon acceptance of the above referenced site plan, as complete for review by the Zoning Administrator, Village Planner, Village Engineer, Department of Public Works and Fire Marshal, the applicant shall submit at least ten additional copies of the site plan on 24-inch by 36-inch sheets.

(4) Proposed waivers. The preliminary and final site plan shall clearly indicate any proposed reductions in off-street parking, loading and/or landscaping standards, to be modified by the Planning Commission during site plan review.

(5) Additional information for final site plan review. Other items required for final site plan review are as follows:

(a) An impact assessment report as required by § 152.392, below, including a completed environmental permit checklist and hazardous substances reporting form, if applicable, supplied by the Zoning Administrator.

1. The Zoning Administrator or Planning Commission may waive or modify the impact assessment report requirements, or accept an impact assessment report previously submitted relative to the site and proposed development, at its discretion;

(b) Copies of any deed restrictions, easements, protective covenants, master deed or association bylaws affecting the site: and

(c) Proof that the final site plan has been submitted for review to all other agencies that regulate the proposed development including, but not limited to: the County Road Commission, Health Department, Building Department and Drain Commissioner and the Michigan Department of Transportation and Department of Environmental Quality.

(C) Submission. A complete application must be submitted to the Zoning Administrator at least 30 business days prior to the Planning Commission meeting at which the proposal will first be considered.

(D) Application flexibility. If deemed unnecessary to determine site plan compliance with the provisions of this chapter, the Zoning Administrator and Planning Commission may waive the submittal of information required in the following (sections):

(1) Section 152.388 (B) (general site plan);

(2) Section 152.389 (D) (preliminary site plan);

(3) Section 152.391 (final site plan); and

(4) Section 152.392 (Impact Assessment Report).

(E) Concurrent preliminary and final site plan review. If requested by the petitioner, preliminary and final site plan review may be conducted concurrently.

(Ord. 37, passed 8-28-2005; Ord. 72, passed 4-24-2006; Ord. 82, passed 5-12-2008; Ord. 139, passed 9-11- 2017; Ord. 154, passed 1-11-2021; Ord. 160, passed 7-25-2022)

§ 152.389 PRELIMINARY SITE PLAN APPLICATION.

(A) Purpose. The purpose of preliminary site plan review is to confirm general compliance with the Zoning Ordinance, conformance with Village Technical Standards, and suggest changes, if necessary, prior to final site plan review.

(B) Pre-planning meeting. For all development other that an individual single family home, the proprietor and/or his/her authorized agent may at his /her own discretion request a planning meeting with village representatives to discuss project details prior to submittal of a preliminary site plan. The proprietor or his/her authorized agent assumes all costs associated with meeting attendees in accordance with the fee schedule.

(C) Preliminary site plan application and submittal. Preliminary site plan application and submittal shall be made in accordance with the general application standards in § 152.388.

(D) Preliminary site plan. Preliminary site plans shall contain the following information:

(1) Name, address and phone number of applicant(s) and property owner(s);

(2) Scale, north arrow, date of original drawing and date of each revision;

(3) Address, parcel identification number(s), legal description(s), and zoning district(s) of the site;

(4) Gross site area in acres and square feet;

(5) Location and length of all lot and/or property lines. All lot and/or property lines are to be shown in dimension including building setback lines (front, rear and side) and existing easements. A copy of title commitment or policy must be included;

(6) Significant natural features such as steep slopes, existing trees, floodplains, wetlands, lakes, ponds, rivers or creeks including ordinary high water mark(s);

(7) Location and dimensions of the following, both existing and proposed (clearly labeled existing or proposed):

(a) Structures;

(b) Sidewalks, curb cuts, driveways, parking areas and off-street parking spaces;

(d) Signs;

(e) On-site wells and septic systems or public water and sewer hookups, as applicable;

(f) Outdoor waste, material and/or equipment storage areas;

(g) Dry wells;

(h) Open space recreation areas;

(i) Exterior lighting;

(j) Loading/unloading areas; and

(k) Curbing.

(8) Location and dimensions of all roads providing access and/or adjacent to the site (clearly labeled with the road name);

(9) Statistical data which shall include:

(a) The number of structures;

(b) The number of sub-units per structure;

(d) The total area involved;

(e) Percentage of lot coverage.

(10) Principal building height;

(11) Existing grades and any topographical alterations or changes in natural terrain including drainage patterns shall also be shown;

(12) The vehicular and pedestrian circulation features within and adjacent to the development site;

(13) A topographic survey shall be signed and sealed by a Land Surveyor registered in the State of Michigan and be prepared in the State Plane Coordinate System using NAVD 88 as the vertical datum. Topographic survey shall extend 250 feet beyond the property lines locating all features. Soil boring locations shall be collected using survey grade equipment calibrated to the State Plane Coordinate System and shown on the survey. Elevations shall be provided by a Land Surveyor registered in the State of Michigan and be depicted on the soil boring logs. The soil boring logs shall show both the depth and the elevation of soil strata and groundwater.

(14) An area wide plan showing the following:

(a) The property lines of all adjacent parcels and other affected parcels;

(b) The location and height of all structures within 250 feet of the property boundary lines of the property being developed;

(d) Proposed utilities and their connection to existing utilities in plain view and clearly labeled, including rim elevations, invert elevations, pipe sizes, pipe directions and pipe lengths between structures;

(e) Enough information regarding existing and proposed sanitary sewer must be supplied to show that the proposed sanitary sewer would adequately service the required area. The sanitary sewer service area shall be determined by the Village Engineer or Qualified Village Agent;

(f) Outline of proposed detention and/or retention basins and proposed outflow location;

(g) Zoning, parcel identification numbers, and owner's name of each parcel for all properties shown on the plan;

(h) Existing contours and off-site drainage area delineations;

(15) Wetland compliance. Verify wetland compliance, if applicable, with the Village of Pinckney Wetland Ordinance.

(E) Additional information for special use permits. The detail of the specific uses of the project under consideration for a special use permit must be included and may become part of the permit. Alterations of the plans and concepts made after approval by the Planning Commission will constitute a change in the project and may require a complete renewal of the site plan process. The Village Zoning Administrator shall determine whether or not a change requires renewal of the site plan process.

(Ord. 37, passed 8-28-2005; Ord. 154, passed 1-11-2021)

§ 152.390 PRELIMINARY SITE PLAN REVIEW.

(A) Review for completeness.

(1) The Zoning Administrator shall review the preliminary site plan application and determine if the application is complete and all of the necessary information has been provided in accordance with § 152.388 General Application.

(2) Preliminary site plan revisions. Any revisions that are required during the preliminary site plan review process will require the following: Preliminary site plan revisions submittal.

(a) Four 24" x 36" hard copy revised preliminary design drawings and one electronic copy in pdf format.

(b) Revised plans shall include and address all comments from the Village Planner and other Qualified Village Agent reviews.

(B) Distribution. Upon receipt of a complete application, the Zoning Administrator shall transmit the site plan and all accompanying materials to the Planning Commission and any other required parties prior to its next regular meeting. Transmittals shall not be made until all required information is submitted and the necessary fees have been paid in full. The Zoning Administrator shall also schedule consideration of the site plan as an item on the agenda at the next regular meeting of the Planning Commission.

(C) Planning Commission action. At the first regular meeting at which a preliminary site plan is considered, the Planning Commission shall review the application and relevant issues. The Planning Commission shall then approve, approve with conditions or deny the preliminary site plan. The basis for the decision and any approval conditions shall be specified in the resolution and the meeting minutes and communicated to the applicant in writing. If no action is taken because more information is required from the applicant, the Planning Commission shall table the agenda item to a date certain, which shall be specified in the meeting minutes.

(D) Special land uses. In accordance with § 152.387, the Planning Commission shall approve, approve with conditions or deny a preliminary site plan submitted for a special land use permit after the required public hearing is conducted.

(E) Effect of approval. Approval of a preliminary site plan by the Planning Commission or Village Council, as the case may be, shall indicate its general acceptance of the proposed use, layout of buildings, roads and drives, off-street parking areas, other facilities and the overall character of the proposed development. Upon approval of a preliminary site plan, the applicant may submit a final site plan to the village in accordance with the requirements of § 152.391.

(F) Expiration of approval. Approval of a preliminary site plan shall be valid for one calendar year and shall then expire and be of no effect unless an application for final site plan approval is submitted to the Zoning Administrator within that time period. The applicant may extend preliminary site plan approval for one additional year upon written request to the Zoning Administrator and approval by the Planning Commission prior to the original expiration date. The Planning Commission may grant further extensions of preliminary site plan approval in accordance with the procedures noted herein upon a showing of good cause.

(Ord. 37, passed 8-28-2005; Ord. 83, passed 10-27-2008; Ord. 91, passed 10-12-2009; Ord. 139, passed 9-11-2017; Ord. 154, passed 1-11-2021)

§ 152.391 FINAL SITE PLAN APPLICATION.

(A) Purpose. The purpose of final site plan review is to confirm compliance with all items and provisions of this chapter and conformance with Village Technical Standards. An impact assessment report may also be required (see § 152.392) at the discretion of the Planning Commission and/or Village Council.

(B) Final site plan application and submittal. Final site plan application and submittal shall be made in accordance with the general application standards in § 152.388, and:

(1) Final site plans shall be prepared by one of the following professionals registered in the state of Michigan: architect, civil engineer, landscape architect, or land surveyor and each set of the plans shall be signed and sealed by the engineer who has supervised the work.

(2) Final engineering drawings for all site improvements such as water and utility lines, sanitary sewer and storm sewer systems, roads, drives and parking lots, retention ponds and other ponds or lakes, and retaining walls shall be approved by the Village Engineer.

(1) General information:

(a) Name, address, phone number and seal of the professional registered in the State of Michigan responsible for preparing the plan;

(b) Scale, north arrow, date the plan was prepared and the date of each revision;

(d) Gross site area and net site area in acres and square feet;

(e) The location and length of all lot lines. Lot line dimensions and angles or bearings shall be based upon a boundary survey prepared by a Land Surveyor registered in the State of Michigan and shall correlate with the legal description;

(f) The relationship of the site to all surrounding lots within 250 feet, including land uses, zoning districts, lot lines, roads, driveways, easements, structures and natural features;

(g) General description of deed restrictions, if any;

(h) Detailed development phases;

(i) Notation of performance guarantees to be provided including amounts, types and terms; and

(j) Notation of any variances that have been or must be secured.

(k) All plans shall include a location map showing the surrounding area.

(l) The cover sheet shall have an index of all sheets and the individual sheets shall have proper matching lines or other key to provide reasonable continuity and orientation.

(m) The drawings shall contain sufficient detail to properly show the proposed information and the methods of construction.

(2) Natural features.

(a) Pre-development topography with contour lines at a minimum of one-foot intervals, and ground elevations of all existing buildings, drives and/or off-street parking lots;

(b) The direction of pre-development drainage flow, and the location of existing drainage courses, including lakes, ponds, rivers and streams and all elevations;

(c) Soil characteristics of the site, to at least the level of detail provided by the USDA Soil Conservation Service, Soil Survey of Livingston County, Michigan; and

(d) Existing natural features such as trees, wooded areas, wetlands, streams, rivers, ponds, lakes and floodplains including clear indication of natural features to remain and to be removed:

1. Trees measuring at least eight inches in diameter at breast height shall be clearly labeled. Groups of trees not proposed for removal may be shown by an approximate outline of the total canopy;

2. Wetland areas shall be delineated by a professional hydrologist, geologist, biologist, landscape architect or engineer trained in wetland delineation; and

3. The ordinary high water mark of a stream, river, lake or pond shall be verified by a Land Surveyor registered in the State of Michigan or any professional trained in wetland delineation listed above.

4. The property owner is responsible for clearly marking wetlands and ordinary high water marks on the ground by flagging or other means.

(3) Grading plan. A grading plan shall be provided in compliance with the Village Technical Standards.

(a) A grading plan showing finished contours at one-foot intervals, correlated with existing contours so as to clearly indicate cut and fill required.

(b) Location, dimensions and materials of retaining walls, fill materials, typical vertical sections and restoration of adjacent properties, where applicable.

(d) The areas to be left undisturbed during construction shall be so indicated on the site plan and shall be identified on the ground by use of snow fencing or silt fencing so as to be obvious to construction personnel.

(4) Landscape plan. A landscape plan shall be provided in compliance with § 152.327.

(5) Structures. The location, area, height in feet and stories and use of all structures on the site, as well as:

(a) Setbacks from lot lines, existing and proposed public and private easements and rights-of-way, wetlands and waterways;

(b) Typical layout, elevation and floor area for each type of building;

(d) Total percentage of lot coverage;

(e) Elevation drawings that illustrate building design, size, height, facade, windows and doors, construction materials and foundation plantings;

(f) For residential development, density calculations, number and types of dwelling units and floor area per dwelling unit;

(g) For nonresidential development, the number of offices and employees and typical floor plans and elevations; and

(h) The location, height and construction materials of all fences and walls, including elevation drawings.

(6) Roads and access. The location and dimensions of: curb cuts, public and private roads, drives, alleys, access easements, bicycle paths and sidewalks adjacent to and/or serving the development including the following as applicable:

(a) Centerline, right-of-way width and right-of-way expansion;

(b) Surface material and width;

(d) Surface elevations and grades of entries and exits;

(e) Distance of curb cuts from intersections, angle of intersections and vision clearance area;

(f) Curve radii;

(g) Road names;

(h) A description of expected traffic volumes based upon national reference documents, such as the most recent volume of the Institute of Transportation Engineers Trip Generation Manual; and

(i) Proof of approval by the Village Engineer or Qualified Village Agent, Livingston County Road Commission and/or Michigan Department of Transportation, as applicable.

(7) Parking. The location and dimensions of vehicle parking lots, individual parking spaces and loading areas adjacent to and/or serving the development including:

(a) Total number of parking spaces listed in statistical data and shown on the site plan. If existing parking spaces will serve the proposed use, spaces must be clearly labeled "existing" and "proposed";

(b) Angle of parking spaces;

(d) Surface material;

(e) Landscaped islands, if any; and

(f) Loading spaces.

(8) Utilities. Existing and proposed essential public services and utilities including:

(a) On-site wells, septic tanks and drain fields. If on-site water and sewer facilities are to be used, a letter of approval of same, or a copy of the permit from the Livingston County Health Department shall be submitted prior to final site plan approval.

(b) Connections to public sewer and water supply. For sites served by sanitary sewer, calculations for pre- and post-development flows are required. Expected sewage rates shall be as provided in § 52.29. This should include sanitary pump stations if applicable. Connections to the water main shall be included.

(c) Stormwater drainage facilities. Storm water drainage facilities including roadside swales, retention and detention ponds clearly indicating side slopes, culverts, catch basins, size calculations, post-development drainage flow patterns and points of discharge. All storm sewer, detention, and retention basin design criteria shall be in accordance with the Livingston County Drain Commissioner's "Procedures and Design Criteria for Stormwater Management Systems and Soil Erosion and Sedimentation Control Programs" latest revisions thereof. A letter of approval of the proposed drainage system from the Livingston County Drain Commissioner shall be submitted prior to final site plan approval. A maintenance agreement for entire stormwater system must be included.

(d) Water, sanitary, storm utility details. The following shall be shown on sanitary sewer, storm sewer and water main plans and profiles drawings as applicable:

1. Length of run, class and size of all proposed utilities, slope of all sanitary sewer and storm sewer pipe between manholes.

2. Top of casting elevations of all manholes, inlets, and/or catch basins etc. shall be shown in both plan and profile.

3. Porous backfill, special bedding and tunnel sections where applicable.

4. Invert elevations for all sanitary and storm sewer lines, for both existing and proposed sewers, shall be shown in both plan and profile.

5. Adjacent existing or proposed utilities plotted where parallel.

6. Other utilities crossing under or over proposed sewers or water mains.

7. Existing ground profile and proposed finished grade profile, including stationing, over all storm sewer, sanitary sewer, water mains, and finished grade of all proposed hydrants and valves.

8. Construction method (including but not limited to open cut, bore and jack, and directional drill).

(e) Hookups. Utility hookups (i.e. gas and electric).

(f) Surface equipment. Location of hydrants, electrical and telephone boxes, poles, towers and other surface equipment, communications towers, above ground and underground storage tanks.

(g) Drywell and/or utilization of no salt generation softeners.

(9) Soil erosion control. All work within the village requiring soil erosion and sedimentation control shall comply with the Livingston County "Procedures and Design Criteria for Stormwater Management Systems and Soil Erosion and Sedimentation Control Programs", latest revision.

(10) Signs. The location, height, area, illumination and content of all signs.

(11) Lighting. The location and specifications of exterior lighting fixtures and a photometric lighting plan.

(12) Waste storage. The size, location and description of any interior or exterior areas for storing, using, loading or unloading hazardous or polluting materials. A listing of types and quantities of hazardous and polluting materials that will be used or stored on-site.

(13) Proposed easements.

(D) Impact assessment report if required.

(E) The proprietor or his/her authorized agent shall prepare all applicable regulatory permit applications and secure signatures from the village as necessary prior to forwarding on the appropriate agencies. The typical required permits are as follows:

(1) Watermains. In addition to approval by the Village Engineer or Qualified Village Agent, watermains require the approval of the MDEQ and issuance of a construction permit by this state agency. The proprietor or his/her authorized agent shall secure a permit from MDEQ with plans signed and sealed by a civil engineer registered in the State of Michigan responsible for preparation of the plans. In addition, a tabulation of watermains by streets and easements which include their size, location, type, and length shall be prepared by the proprietor or his/her authorized agent. A minimum of 14 copies of the computations shall be submitted to the village with the final site plan submittal.

(2) Sanitary sewers. In addition to approval by the Village Engineer or Qualified Village Agent, sanitary sewer plans require the approval of the MDEQ and issuance of a construction permit by this state agency. The proprietor or his/her agent shall secure a permit from MDEQ with plans signed and sealed by a civil engineer registered in the State of Michigan responsible for the preparation of said plans. In addition, a tabulation of sanitary sewers by streets and easements which includes their size, location, type and length along with design flow computations for the proposed sewers and a tabulation of the capacities of the proposed sewers and the existing outfall sewer shall be submitted by the proprietor or his/her authorized agent. Fourteen copies of the computations shall be submitted to the village with the final site plan submittal.

(3) Road plans, storm sewers, retention basins and/or detention basins, paving, grading and soil erosion control and drywell plans. In addition to approval by the Village Engineer or Qualified Village Agent the above plans may require approval from Livingston County and/or MDOT. The proprietor or his/her authorized agent shall secure required permits on plans sealed by a civil engineer registered in the State of Michigan responsible for the preparation of said plans. In addition, all related design computations (traffic, volumes, storm flows, etc.) for the proposed plans and a tabulation of the capacities, if applicable, shall be submitted by the proprietor or his/her authorized agent.

(Ord. 37, passed 8-28-2005; Ord. 72, passed 4-24-2006; Ord. 82, passed 5-12-2008; Ord. 98, passed 3-28-2011; Ord. 139, passed 9-11-2017; Ord. 154, passed 1-11-2021)

§ 152.392 IMPACT ASSESSMENT REPORT.

(A) At the discretion of the Planning Commission, an Impact Assessment Report may be required to be prepared at the applicant's expense and submitted with the application for final site plan review.

(B) The Impact Assessment Report shall contain a combination of text, graphics and approval letters from regulatory agencies sufficient to demonstrate compliance with the criteria below:

(1) Zoning. The final site plan shall conform to the purpose and standards of the zoning district in which it is located.

(2) Surrounding uses. The proposed use and site design shall not be injurious to the surrounding neighborhood or impede the normal and orderly development or use of surrounding property. The site plan shall be harmonious, efficient and coordinated in relation to topography, size and type of land use and the character and improvement of adjacent properties.

(3) Phasing. Every individual development phase shall be designed to function independently in a safe, convenient and efficient manner without being dependent upon subsequent development phases and/or improvements.

(4) Natural features. The development shall protect natural features to the maximum extent possible including woodlands, wetlands, lakes, ponds, rivers, streams, wildlife habitat, steep slopes and groundwater recharge areas. The development shall preserve and incorporate the features into the site design. No grading, excavation, fill, clearing of topsoil, clearing of trees or other disturbance of the natural environment shall occur outside of those areas approved for the placement of physical improvements. Topography; the development shall conform to existing topography to the degree possible. The amount of cutting and filling shall be minimized and shall not destroy the character of the subject property or adversely affect surrounding properties.

(5) Soils. The soil and subsoil conditions shall be suitable for excavation and on-site septic systems, if any. Soils and slopes not suitable for development will be protected. The proposed development will not cause soil erosion or sedimentation problems. Adequate measures will be taken to control soil erosion and sedimentation during grading and construction operations and until permanent ground cover is established. These measures shall be based on the latest standards published by the County Drain Commissioner and/or USDA Soil Conservation Service.

(6) Drainage. The final drainage plan shall conform to the natural drainage pattern as much as possible. The development shall not substantially reduce the existing storm water infiltration or storage capacity, thereby increasing the frequency or volume of flooding at other locations. The drainage design shall not perceptively increase the pollution, volume or intensity of runoff onto adjacent properties or receiving waterways.

(7) Environmental performance. The proposed development shall not result in pollution, noise, odor, light, dust, dirt, smoke or other external effects that adversely affect neighboring properties. Development that includes the use and/or storage of hazardous or polluting materials shall be designed to prevent spills and discharge of polluting materials to the ground or nearby water bodies. A completed Environmental Checklist and Hazardous Substances Reporting Form, supplied by the village, may be required.

(8) Public services, facilities and utilities. Adequate services and utilities shall be available or provided, located and constructed with sufficient capacity and durability to properly service the development. The expected number of residents, employees, visitors and/or patrons shall not strain public schools, police and fire protection, water supplies, sanitary sewer facilities and/or other public facilities and services beyond existing and planned capacity. Electric, telephone and cable distribution lines shall be underground and conform to the current Standard Rules and Regulations of the Michigan Public Service Commission.

(9) Structures. The layout, size, bulk, height and architectural design of all structures shall be harmonious in relationship to other structures on the site and in the general vicinity. The layout and design of structures shall enhance the ease and efficiency of use, and the architectural and visual character of the village. Signs; the size, location, design and illumination of signs shall be harmonious with natural features, uses, structures and signs on surrounding property and traffic safety. Signs shall be located and designed to avoid creating distraction or visual clutter.

(10) Traffic. Traffic within the site, as well as to and from the site, shall not create a safety hazard or place demands upon roads in excess of existing or planned capacity. The site plan shall provide for the proper expansion of public roads serving the site, where necessary, at the developer's expense. The relationship between roads, sidewalks, service drives, driveways, parking spaces and loading areas shall be convenient, safe and designed to complement the arrangement of existing and planned roads, alleys, drives, parking areas and pedestrian and bicycle pathways. All structures shall be fully accessible to emergency vehicles.

(a) Pedestrian and bicycle traffic. There shall be a pedestrian circulation system that is separate from the vehicular circulation system. Safe and adequate pedestrian and bicycle access shall be provided between major activity areas, employment and service centers, schools, parks and residential areas. Sidewalks shall be provided unless determined by the Planning Commission to be unnecessary because pedestrian circulation is otherwise provided for.

(b) Parking. The layout of parking and loading areas shall not adversely affect the flow of traffic within the site or to and from the adjacent roads and properties.

(c) Traffic impact study. A detailed traffic impact study shall be required for any site over two acres or for any project expected to generate 100 or more vehicle trips on adjacent roads during the peak hour of traffic. The traffic study shall include the following:

1. Description of existing daily and peak hour traffic on the adjacent roads (based on current Livingston County Road Commission data or a similar source) and a description of any sight distance limitations along the site's right-of-way frontage;

2. Forecasted trip generation of the proposed use for the a.m. and p.m. peak hour and average daily traffic generated (based on the current Institute of Transportation Engineers Trip Generation Manual);

3. Description of impact on special transportation modes, including school buses, trucks and bicycles;

4. Projected traffic generated shall be distributed (inbound v. outbound, left turn v. right turn) onto the existing street network to project turning movements at site driveways and nearby intersections. Rationale for the distribution shall be provided;

5. Capacity analysis at the proposed driveway(s) using the procedures outlined in the most recent edition of the Highway Capacity Manual published by the Transportation Research Board. Capacity analysis shall be provided for all road intersections where the expected traffic will comprise at least 5% of the existing intersection capacity and/or for roadway sections and intersections experiencing congestion or a relatively high accident rate, as determined by the village staff, Livingston County Road Commission or Michigan Department of Transportation;

6. Analysis of any mitigation measures warranted by the anticipated traffic impacts. Where appropriate, documentation shall be provided from the appropriate road agency regarding time schedule for improvements and method of funding; and

7. A map illustrating the location and design of proposed access, including any sight distance limitations, dimensions from adjacent driveways and intersections within 250 feet, and other data to demonstrate that the driveway(s) will provide safe and efficient traffic operation.

(11) Landscaping and screening. The pre-development landscape shall be preserved in its natural state to the degree possible by minimizing clearing and grading. Post development grade changes shall be in keeping with the general appearance of neighboring developed areas. Plant materials shall be used to enhance the appearance of the site, to screen unsightly, noisy or other harsh elements and to provide visual relief from large monotonous features such as parking lots and building facades. Plant species that are hardy and native to Michigan shall be used to the maximum degree possible. Screening; waste and material storage, mechanical, service, parking and loading areas, utility structures and similar features shall be located, buffered and/or screened so as to be unobtrusive and not create a nuisance, negative visual impression or health or safety hazard on the subject property or neighboring properties. Trash containers shall be enclosed on all sides by a structure aesthetically compatible with the development and surrounding property.

(12) Additional information. The Planning Commission may require the submittal of other data deemed reasonably necessary for adequate review, such as an independent traffic study, market analysis, environmental inventory and assessment, demand on public facilities and services, impact on historic or cultural resources, displacement of people or other uses as a result of the proposed development, effect on the village tax base and adjacent property values.

(Ord. 37, passed 8-28-2005; Ord. 139, passed 9-11-2017; Ord. 154, passed 1-11-2021)

§ 152.393 FINAL SITE PLAN REVIEW.

(A) (1) Review for completeness. The Zoning Administrator shall review the final site plan application and determine if the application is complete and all of the necessary information has been provided in accordance with § 152.388 General Application. This shall also include waiver, zoning changes and/or ZBA requests, if any.

(2) Final site plan revisions submittal. Any revisions that are required during the final site plan review process will require the following:

(a) Four 24"x 36" hard copy revised site plan design drawings and one electronic copy in pdf format.

(b) Revised plan shall include and address all comments from the Village Engineer or Qualified Village Agent reviews.

(d) Payment of associated fees pursuant to the Village Fee Schedule.

(B) Distribution.

(1) Upon receipt of a complete application, the Zoning Administrator shall transmit the site plan and all accompanying materials to the Village Planner, Village Engineer, DPW, Fire Marshal and the Planning Commission prior to its next regular meeting. Transmittals shall not be made until all required information is submitted and the necessary fees have been paid in full. The Zoning Administrator shall also schedule consideration of the site plan as an item on the agenda at the next regular meeting of the Planning Commission.

(2) Applicant must provide proof that plans were submitted to all other agencies that regulate the proposed development including, but not limited to: County Road Commission, Health Department, Building Department, Drain Commissioner, Michigan Department of Transportation and Department of Environmental Quality.

(C) Reports from Village Planner and Village Engineer. The Village Planner and Village Engineer shall review the application to determine compliance with the Zoning Ordinance and Village of Pinckney Technical Standards and submit a written report addressing all issues that must be resolved to the Planning Commission.

(D) Planning Commission action. At the first regular meeting at which a final site plan is considered, the Planning Commission shall review the issues identified in the preliminary site plan review, if any, and reports prepared by the Village Planner and Engineer, as well as any other relevant issues. The Planning Commission shall approve, approve with conditions or deny the final site plan. The basis for the approval and any approval conditions shall be specified in the resolution and the meeting minutes, and provided in writing to the Village Council and the applicant. If no action is taken because more information is required from the applicant, the Planning Commission shall table the agenda item to a date certain, which shall be specified in the meeting minutes.

(1) Denial. If a final site plan is denied, written notice thereof, together with the reason, shall be sent to the applicant.

(2) Approval with conditions. If a final site plan is approved with conditions, the applicant shall submit four copies of the revised site plan with the date of revision and/or other necessary proof of compliance with the conditions to the Zoning Administrator.

(3) Approval. If a final site plan is approved, the Zoning Administrator shall issue a land use permit to the applicant.

(E) Effect of approval. Approval of a final site plan by the Planning Commission shall indicate that the proposal is in compliance with the Village Zoning Ordinance and any conditions imposed thereunder.

(F) Final plan distribution. After the Planning Commission has taken final action on a site plan and all necessary steps have been completed, the Zoning Administrator shall mark three copies of the plans approved or denied, as appropriate, with the date that action was taken. One marked copy shall be returned to the applicant and the other two copies shall be kept on file in the Village Hall. Copies of the village stamped plans shall be the only plans used during construction.

(G) Expiration of approval. Approval of a final site plan shall be valid for one calendar year, and shall then expire and be of no effect unless a building permit, when required, is applied for and granted within that time period. Approval shall expire and be of no effect 545 days following date of approval by the Planning Commission, unless construction has begun and is being diligently pursued in accordance with the approved site plan. The applicant may extend final site plan approval for one additional year upon written request to the Zoning Administrator and approval by the Planning Commission, prior to the original expiration date. The Planning Commission may grant further extensions of final site plan approval in accordance with the procedures noted herein upon a showing of good cause.

(H) Revocation of approval. Final site plan approval shall be revoked if construction of the development is not in conformance with the approved plans. The Zoning Administrator shall give the applicant written notice of intention to revoke the land use permit at least ten business days prior to review of the proposed revocation by the Planning Commission. After conclusion of the review, the Planning Commission may revoke its approval of the development if it determines that a violation in fact exists and has not been remedied prior to the hearing. Enforcement proceedings shall also apply per §§ 152.022(B) and 152.999.

(I) Appeals. The decision of the Planning Commission with regard to the site plan may be appealed to the Zoning Board of Appeals, upon written request by the property owner or proprietor. In the absence of an appeal being filed with the village within 20 business days after the Planning Commission renders a decision, the decision shall become and remain final.

(Ord. 37, passed 8-28-2005; Ord. 83, passed 10-27-2008; Ord. 91, passed 10-12-2009; Ord. 139, passed 9-11-2017; Ord. 154, passed 1-11-2021)

§ 152.394 AMENDMENT TO APPROVED PLOT PLAN OR SITE PLAN.

(A) Approval of plans. Approved plot plans and site plans shall become part of the record of approval, and subsequent actions relating to the authorized activity shall be consistent with the approved plot plan or site plan, unless a change conforming to this chapter receives the mutual agreement of the landowner and village approval authority.

(B) Request. A property owner or the owner's designated agent may request a change in an approved site plan. A change in an approved site plan that results in a major change as defined in this section, shall require a plan amendment. Amendments shall follow the procedures and conditions required for original plan submittal and review. A change that results in a minor change, as defined in this section, shall not require a revision to the plan.

(C) Content of request. A request to change an approved site plan shall be made in writing to the Zoning Administrator. The request shall state clearly the reasons for the change. The reasons may be based upon considerations such as changing economic conditions, potential improvements in layout or design features, unforeseen difficulties or advantages mutually affecting the interests of the village and the applicant or developer, such as technical difficulties, site conditions, state or federal projects and installations and statutory revisions.

(D) Finding. The Zoning Administrator, upon finding the request reasonable and valid, shall notify the applicant in writing whether the proposed change is major or minor. If the change is deemed major, the applicant shall pay an appropriate fee determined by the Council and the plan amendment process shall follow the procedures and conditions required for original site plan submittal and review. Any major amendment to an approved site plan must be approved by the Planning Commission.

(E) Major changes. Changes considered major (i.e., those for which an amendment is required) include one or more of the following:

(1) A change in the original concept, character or use of the development deemed by the Zoning Administrator to have a potentially negative impact on natural features or surrounding properties;

(2) Any change to a condition of approval imposed by the Planning Commission or Village Council uses shall comply with § 152.282(E)(1);

(3) A change in the type, or increase in the number of dwelling units;

(4) An increase in nonresidential floor area of at least 10% or 500 square feet, whichever is less;

(5) A change in a structure location of more than 20 feet;

(6) A change in the character, layout, alignment or function of any access drive or interior road;

(7) An increase or loss of five or more off-street parking or loading spaces;

(8) A change in the provision of water, sewage disposal and/or treatment, electricity or other essential public service;

(9) A reduction in the amount of land area set aside for common open space or the relocation of the area(s);

(10) Changes in the final governing agreements, provisions, covenants, master deeds or bylaws; and

(11) Any other change deemed a major change by the Zoning Administrator or Planning Commission.

(F) Minor changes. If the Zoning Administrator rules that a proposed change to a site plan is a minor change as defined by this section, the Zoning Administrator may approve the change and it shall be considered approved by the Planning Commission. If a change is approved, the Zoning Administrator shall notify in writing the Planning Commission, Village Council and other applicable departments. As minor changes on the site plan drawings are approved by the Zoning Administrator, each shall be signed and dated by the applicant or developer and the owner(s) of the subject property and the Zoning Administrator, prior to changes being effective. Minor changes shall be defined as any change not defined as a major change under division (E) above, and shall include but not be limited to the following:

(1) A decrease in nonresidential floor area or the number of dwelling units;

(2) The replacement of plant material in the landscape plan with a comparable type and size of planting; and

(3) Changes required by another village, county, state or federal regulatory agency that do not result in a major change.

(G) Zoning. Amended site plans shall conform to all regulations of the zoning district in which the project is proposed.

(Ord. 37, passed 8-28-2005; Ord. 139, passed 9-11-2017)

§ 152.395 MODIFICATION DURING CONSTRUCTION.

All structures and improvements shall conform to the approved site plan including engineering drawings approved by the Village Engineer. If the applicant makes any changes to the development in relation to the approved site plan, the applicant must cease and desist construction. It shall be the responsibility of the applicant to notify the Village, through the Zoning Administrator of the changes. Upon investigation, the applicant shall be required to correct the changes so as to conform to the approved site plan.

(Ord. 37, passed 8-28-2005; Ord. 139, passed 9-11-2017)

§ 152.396 CONSTRUCTION OBSERVATION AND INSPECTIONS.

(A) Inspections. The Zoning Administrator, Village Engineer and County Building Official shall be responsible for inspecting structures and improvements for conformance with the approved site plan. All building construction, site and sub-grade improvements such as utilities, sub-base installations for drives and parking lots and similar improvements shall be inspected and approved by the County Building Department and Health Department, in coordination with the Zoning Administrator, who shall obtain inspection assistance from the Village Engineer, Fire Chief and/or professional consultants where appropriate.

(B) Construction observation and other fees.

(1) Livingston County fees. In addition to the fees required by the village, the Livingston County Building Department and Drain Commissioner's Office are responsible for collection of fees associated with construction and building review. This includes footings, compaction, insulation, backfill, rough, wallboard, soil erosion and sediment control, tap fees and final approvals.

(2) Water and sewer capital connection charges. Water and sewer capital connection charges are to be paid prior to issuance of a land use permit at the rate set by the fee schedule.

(3) Construction observation fees (escrow account). The proprietor shall be responsible for construction observation fees as set forth in the fee schedule. This includes establishing an escrow account as required.

(a) The proprietor shall be responsible for all costs associated with inspection, construction engineering, and construction administration for the project.

(b) The proprietor shall also be responsible for construction observation fees for the Village Engineer or Qualified Village Agent to insure its conformance with the site plan approval and the village's standards.

(c) The proprietor's engineer must provide a construction cost estimate to the Village Engineer or Qualified Village Agent for approval. The construction cost estimate shall be related to only sanitary sewer, water, road, sidewalk, parking, curbing and storm system improvements. Once the cost estimate is approved, the construction observation escrow account shall be initially based on the construction cost estimate and the contractor's schedule as per this § 152.396 and in § 152.025.

(d) The proprietor or his/her authorized agent shall deposit with the Village Clerk and/or Treasurer at least five days prior to the pre-construction meeting the required construction observation fee deposit based on the approved construction cost estimate and computed in accordance with the fee schedule.

1. The fee shall cover the cost of construction observation and/or any administrative engineering time incurred by the Village Engineer or Qualified Village Agent in association with the project.

2. All monies not used from the deposit shall be returned to the proprietor at project completion.

3. The extent of inspection and field engineering required will be determined by the Village Engineer or Qualified Village Agent.

4. The base escrow amounts are derived from typical construction activities that demonstrate efficient construction activities, no major changes in design during construction, and no need for re-inspection.

(4) Inspection fees will be invoiced monthly against the inspection deposit based upon the established hourly rate for the Village Engineer or Qualified Village Agent. The proprietor will be notified in the event the deposit has been depleted and additional funds are required. Prompt attention to re-establishing this deposit will avoid project stop work orders. Review of material testing reports, "as-built" record drawings, and data input of constructed utilities into the village GIS system shall also be invoiced against the inspection account. The account balance upon completion of the project and acceptance of the record plans will be returned to the proprietor.

(5) Testing, as required by the Village Technical Standards, shall be provided by the proprietor and conform to the following:

(a) The testing firm must be qualified and approved by the Village Engineer or Qualified Village Agent.

(b) The proprietor will pay the qualified/certified-testing firm directly.

(Ord. 37, passed 8-28-2005; Ord. 154, passed 1-11-2021)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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