Loading...
(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)
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)
(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)
(A) The applicant shall provide as-built drawings of all utilities and all appurtenances that were installed on a site for which a final site plan was approved, and as provided for in the Village Technical Standards. The drawings shall be submitted to and approved by the Village Engineer prior to the release of any performance guarantee or part thereof covering the installation.
(B) The as-built drawings shall show, but shall not be limited to, such information as the exact size, type and location of pipes, location and size of manholes and catch basins, location and size of valves, fire hydrants, tees and crosses, depth and slopes of retention basins and location and type of other utility installations. The drawings shall show plan and profile views of all sanitary and storm sewer lines and plan views of all water lines.
(C) The as-built drawings shall show all work as actually installed and as field verified by a professional engineer or a representative thereof. The drawings shall be identified as as-built drawings in the title block of each drawing and shall be signed and dated by the owner of the development or the owner’s legal representative and shall bear the seal of a professional engineer.
(Ord. 37, passed 8-28-2005; Ord. 154, passed 1-11-2021)
NONCONFORMING LOTS, USES AND STRUCTURES
The purpose of this subchapter is to regulate existing lots, uses and structures that were lawful before this chapter was adopted, but which have become nonconforming under the terms of this chapter and its amendments. It is the intent of this chapter to permit the legally established non-conformities to remain until they are discontinued or removed, but not to encourage their continuance and to bring them into conformity as circumstances allow without unreasonably interfering with established property rights.
(Ord. 37, passed 8-28-2005)
(A) It shall be the responsibility of the owner of a nonconforming lot, use or structure to prove to the Zoning Administrator that the lot, use or structure was lawfully established, existed on the effective date of adoption or amendment of this chapter and has existed continuously.
(B) Nonconforming uses and structures are hereby declared to be incompatible with the uses and structures permitted within the various zoning districts. Nonconforming uses and structures shall not be enlarged, expanded, extended or increased, except as provided for herein and shall not be used as grounds for adding other uses and/or structures that are prohibited.
(C) Nonconforming uses shall comply with current Zoning Ordinance requirements (such as landscaping, screening, parking, environmental performance and general standards) to the maximum extent possible.
(Ord. 37, passed 8-28-2005)
A legal nonconforming lot, as defined herein, which does not meet the minimum standards of the zoning district in which it is located for lot area or lot width may be developed, provided that the use, access, height, yard, setback, landscaped buffer, off-street parking and other requirements of the district are met and, provided further, that the lot meets all of the current requirements of the Livingston County Health Department.
(Ord. 37, passed 8-28-2005)
Loading...