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(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)
(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.
(c) Revised plans shall also address comments of all other applicable regulatory agencies.
(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)
(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)
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