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(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)
Any lawful nonconforming use may be continued, subject to the following provisions:
(A) Expansion. A nonconforming use shall not be expanded, enlarged, extended or increased, so as to occupy a greater area of land or more floor area within a structure than was occupied by the use on the effective date of this chapter or its amendment.
(B) Relocation. A nonconforming use shall not be moved, in whole or in part, to any other structure, or to any other portion of the lot or site upon which it was located on the effective date of this chapter or its amendment.
(C) Discontinuance. If a nonconforming use is discontinued, it shall not thereafter be reestablished, and any subsequent use of the land shall comply with the allowable uses in the district in which it is located. A nonconforming use shall be considered discontinued if the customary use ceases for any reason for a period of 12 months or more.
(D) Change of use. A nonconforming use shall not be changed to any other use except to a use permitted in the district in which the subject property is located.
(E) Accessory structures. New accessory structures associated with a nonconforming use shall be reviewed and approved by the Planning Commission at a regular public meeting.
(Ord. 37, passed 8-28-2005) Penalty, see § 152.999
Any lawful nonconforming structure may be continued subject to the following provisions:
(A) Alteration. A nonconforming structure may not be enlarged or altered in any way that increases its nonconformity, except porches, decks, patios, fire escapes and similar minor appurtenances may be attached to existing structures.
(B) Relocation. If a nonconforming structure is moved, in whole or in part, any distance for any reason it shall thereafter conform to the regulations of the district in which it is located after it is moved.
(C) Maintenance. Nothing in this chapter shall prohibit the repair or routine maintenance of a lawful nonconforming structure to correct deterioration, obsolescence, depreciation and/or wear.
(D) Replacement. A nonconforming structure that has been partially destroyed may be rebuilt provided:
(1) The building footprint and height of the replacement structure do not increase the level of nonconformity;
(2) The cost of restoration does not exceed the state equalized value of the structure at the time of damage; and
(3) The reconstruction is completed within one year of the time of damage.
(E) Signs. Every permanent sign that lawfully existed at the time of the enactment of this chapter, but which does not conform to a height, size, area, location or other requirement of this chapter, is hereby deemed to be legally nonconforming. This status shall not be granted to any temporary sign.
(1) Nonconforming signs may not be altered, enlarged or replaced; however, nonconforming signs may be reduced in size and/or maintained and repaired so as to continue the useful life of the sign.
(2) The copy of the sign may not be amended or changed, unless specifically designed to be changed periodically as in reader board signs, without bringing the use into compliance with the requirements of this chapter.
(3) Any nonconforming sign destroyed by fire or other casualty loss shall not be restored or rebuilt.
(4) Any sign advertising a business that is no longer conducted for a period of one year or more shall be removed by the owner of the building, structure or lot upon which the sign is located within 30 days of receipt of written notice by the Zoning Administrator.
(5) A sign accessory to a nonconforming use may be erected in the village in accordance with the current sign requirements of §§ 152.300 et seq.
(Ord. 37, passed 8-28-2005)
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