(A)   No permit shall be issued by the village, or any official thereof, for the creation, establishment, development, erection, grading, clearing, construction, reconstruction, movement, expansion or alteration of any lot, land use or structure except as permitted by the provisions of this chapter. In the event a permit is issued in violation of this chapter, it is “void ab initio” (void from the beginning).

   (B)   The village may suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued erroneously on the basis of incorrect information supplied by the applicant or his or her agent and/or is in violation of this chapter or any other village ordinances or regulations.

(Ord. 37, passed 8-28-2005) Penalty, § 152.999

   The provisions of this chapter shall be administered and enforced by the Zoning Administrator who shall be nominated by the Village President and appointed by the Village Council.

(Ord. 37, passed 8-28-2005)

         (a)   Evaluate proposals for uses in all districts to assure compliance with provisions of this chapter;

         (b)   Conduct field inspections, surveys and investigations, prepare maps, charts and other materials when necessary or desirable for the administration of this chapter;

         (c)   Maintain an updated copy of the official zoning map, consistent with the original map to be maintained by the Village Clerk;

         (e)   Maintain written records of all actions taken by the Zoning Administrator and keep custody of all records of the Planning Commission and Zoning Board of Appeals; and

         (f)   Provide the forms necessary for the various land use applications to the village as required by this chapter.

   (B)   Enforcement duties. There is vested in the Zoning Administrator the duty of enforcing this chapter and the power necessary for the enforcement. In implementing this duty, the Zoning Administrator shall conduct investigations to determine compliance or noncompliance with the provisions of this chapter, and any conditional approvals of the Planning Commission, Village Council or Zoning Board of Appeals and order correction, in writing, of all conditions found to be in violation.

      (1)   The written orders shall be served personally or by certified mail upon any person, firm or corporation deemed by the Zoning Administrator to be violating the provisions of this chapter. If the person, firm or corporation is not the owner of the land on, or the structure in which the violation is deemed to exist, a copy of the order shall be sent by certified mail to the owner of the land or structure. The date of mailing shall be deemed the date of service of any order served by certified mail.

      (2)   The written orders shall include an order to immediately cease and desist all regulated activities until the development site is brought into compliance.

      (3)   All violations shall be corrected within three days after the order to correct is issued or in the longer period of time, not to exceed six months, as the Zoning Administrator shall deem necessary and appropriate. A violation not corrected within this period shall be reported to the Village Attorney, who is hereby authorized to and may initiate procedures to eliminate the violation (see § 152.999). The Zoning Administrator may otherwise issue municipal civil infraction citations for any violations.

            1.   To the owner(s) of the subject property and to the applicant, if the applicant is different than the owner(s) of the property;

            2.   If real property is the subject of the notice, to all persons to whom real property is assessed within 300 feet of the subject property, and to all occupants of structures within 300 feet of the subject property, regardless of whether the property or occupant is located within the boundaries of the village;

            3.   Notification to owners and occupants (but not applicants) shall not be required for any zoning amendment requests involving 11 or more adjacent properties, or an ordinance interpretation request or for appeals that do not involve a specific property;

            4.   If the name of the occupant is not known, the term “occupant” may be used in making notification required hereunder;

            5.   Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure;

            6.   Each gas, electric and pipeline public utility company, each telecommunication service provider, each railroad operating within the district or zone affected, and the Airport Manager of each airport that registers its name and mailing address with the Clerk of the Village for the purpose of receiving notices of public hearing; and

            7.   To all other individuals, organizations, firms or corporations which have registered in accordance with division (C)(4)(a)6. above.

(Ord. 37, passed 8-28-2005; Ord. 87 ZBA, passed 3-23-2009; Ord. 139, passed 9-11-2017; Ord. 154, passed 1-11-2021)

   (A)   Compliance required.

      (1)   No lot shall be cleared, graded or changed in use, and no structure, including sheds, shall be erected, altered or changed in use until the Zoning Administrator has approved a land use permit waiver for the activity.

      (2)   A land use permit shall be applied for at least 14 business days prior to commencement of any activity regulated by this Zoning Ordinance and prior to application for a building permit.

   (B)   Application information. An application for a land use permit shall include the established processing fee, a village application form and any other information required by this chapter, including a plot plan or approved site plan in compliance with §§ 152.385 et seq. The application shall also include proof of any other necessary village approvals such as re-zonings, variances and special use permits.

   (C)   Review process. The Zoning Administrator shall confirm that the application fully complies with the requirements of this chapter. Upon approval, the Zoning Administrator shall keep a copy of the approved land use permit, including accompanying plot plans or site plans in the Village Hall.

      (1)   Land use permit. The Zoning Administrator shall issue a land use permit so as to allow the beginning of construction. Upon issuance of a land use permit, the petitioner shall apply for all necessary building permits from the Livingston County building official and all other relevant agencies.

   (D)   Expiration. The land use permit shall become null and void if work for which the permit was issued is not started within six months after the date of the issuance.

   (E)   Revocation. If the property owner and/or developer deviates from the approved land use permit, the Zoning Administrator shall provide written notice of permit violation in accordance with § 152.022(B).

      (1)   The notice shall include an order to immediately cease and desist all activity in violation of the approved land use permit, effective upon the date of service.

      (2)   The notice shall also include written notification that the Zoning Administrator will revoke the land use permit in ten business days and civil infraction penalties may be imposed in accordance with legal procedures until the project is brought into compliance.

(Ord. 37, passed 8-28-2005; Ord. 82, passed 5-12-2008; Ord. 154, passed 1-11-2021) Penalty, see § 152.999

   From time to time, at the cost of the applicant, the village may employ planning, engineering, legal, traffic or other special consultants to assist in the review of site plans, special land use permits, re-zonings or other matters related to the planning and development of the village.

(Ord. 37, passed 8-28-2005)

   The Village Council shall establish a schedule of fees, charges and expenses, and a collection procedure for all zoning applications, appeals and other matters pertaining to this chapter. The village shall have the authority to include fees for the use of engineering, planning, legal or other special consultants. The schedule of fees shall be posted in the village offices and may be altered, amended or waived only by the Village Council. No permit, site plan or land use approval shall be issued until the costs, charges, fees or expenses have been paid in full, nor shall any action be taken by the village until preliminary charges and fees have been paid in full.

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

   (A)   Purpose. The Village Council or Qualified Village Agent may require that a performance guarantee be deposited with the Village Clerk to ensure compliance with the provisions of this chapter and any conditions imposed hereunder and full completion of necessary improvements [see definition under § 152.026 (B), below]. The performance guarantee shall be of an amount equal to 125% of the estimated construction costs associated with the project to cover costs associated with the normal rate of inflation.

      (1)   A certified estimate prepared by the applicant's licensed engineer or architect; or

      (2)   Alternatively, a bona fide contract for the work to be performed, including a provision authorizing enforcement of the contract by the village in the event of a default by the applicant.

      (1)   The performance guarantee shall be deposited with the Village Clerk at the time of the issuance of a land use permit authorizing the development. The village may not require the deposit of the performance guarantee before the date on which the village is prepared to issue the land use permit.

      (2)   The land use permit shall prescribe the period of time within which the improvements for which the performance guarantee has been required are to be completed. This period shall begin from the date of issuance of the land use permit and shall not exceed two years.

      (3)   A letter of credit and corporate surety bond shall cover a time period equal to or longer than the time anticipated to complete improvements, and shall require 30 days' advance written notice to the village prior to termination.

      (4)   If the performance guarantee is in the form of cash or a certified check, the Clerk shall deposit the funds in an interest-bearing account in a financial institution with which the village regularly conducts business.

      (5)   The entire performance guarantee, including accrued interest, shall be returned to the applicant upon satisfactory completion of the required improvements, as determined by the village.

      (6)   In the event the performance guarantee posted is a cash deposit or certified check, the village, upon written request by the applicant, shall rebate to the applicant 50% of the deposited funds when 75% of the required improvements are completed as confirmed by the village, and rebate the remaining 50% of the deposited funds when 100% of the required improvements are completed as confirmed by the village.

      (7)   In the event the applicant does not install or maintain the required improvements within the time period established by the village, following notice to the property owner and/or other responsible parties, the village shall have the right to use the performance guarantee and any accrued interest to complete the improvements through contract or otherwise, including specifically the right to enter upon the subject property to make the improvements. One or more of the following methods may be used to provide notice to the property owner, regular mail to the address on the permit application and/or by delivery of the notice to the property owner at the address and/or by posting the property.

      (8)   If the performance guarantee is not sufficient to allow the village to complete the improvements for which the guarantee was posted, the applicant shall be required to pay the village the amount by which the cost of completing the improvements exceeds the amount of the performance guarantee deposited. Should the village use the performance guarantee, or a portion thereof to complete the required improvements, any amounts remaining after the completion shall be applied first to the village's administrative costs including, without limitation, attorney fees, planning consultant fees, engineering consultant fees and similar expenses, with any balance remaining being refunded to the applicant.

      (9)   If the applicant has posted a performance guarantee or bond with another governmental agency other than the village to insure completion of a required improvement, the applicant shall not be required to deposit a performance guarantee with the village for that same improvement.

      (10)   At the time the performance guarantee is deposited with the village and prior to the issuance of a land use permit, the applicant may be required to enter into a written agreement with the village incorporating the terms and provisions applicable to the use of the performance guarantee, provided, however, that in the absence of such an agreement, the terms and provisions of this section shall govern.

      (11)   A performance guarantee in the form of a performance bond shall be posted by the proprietor prior to the beginning of construction to insure complete construction of structures and development of the land area as proposed and approved. Such bond shall be posted in an amount equal to 125% of the estimated cost of the site improvements as identified in the fee schedule and may be reduced in proportion to the amount of work accomplished or the amount of land left undisturbed upon recommendation of the Village Engineer or Qualified Village Agent. A performance bond shall be returnable in full upon the issuance of a certificate of compliance of the completion of all construction phases, and approval from the Village Engineer or Qualified Village Agent. The performance bond will meet the requirements set forth in § 152.026(E)(1) through (E)(4).

      (1)   By a company licensed to do business in the State of Michigan by the Department of Labor and Economic Growth, Office of Financial and Insurance Services;

      (2)   By a company with a rating of not less than "A" as determined by A.M. Best Company or a similarly recognized rating agency;

      (3)   In a form that does not require the village to expend money to complete the project bonded and thereafter seek reimbursement from the surety company; and

      (4)   With a provision specifying that any dispute on whether and/or the amount of payment to be made by the surety shall be resolved by binding arbitration.

      (1)   Prior to construction and/or project improvements, the contractor shall procure and maintain during the term of the project, public liability and property damage insurance with an insurance company rated A+ with Michigan Best Rating System, in such amounts as will be adequate to protect the public, the village, village employees and agents, Village Engineer, Livingston County Drain Commission, Livingston County Road Commission, Livingston County Building Department, and other parties of interest as required by the village and shall not be less than the limits set forth in the fee schedule.

      (2)   Certificates of insurance will be furnished and the Village of Pinckney will be the certificate holder. Underground construction, where applicable, shall be specified in the coverage. Certificates of coverage signed by the insurance carriers shall include a guarantee that 30 days written notice shall be given by the insurance carrier to the village prior to cancellation of or any changes in the respective policies. In the event that insurance is canceled, operations shall cease prior to the cancellation date and shall not resume until evidence is provided that proper insurance is again in effect. Additional insured shall include the Village of Pinckney, the Village Council and individual members thereof, village employees and agents for the village, the Village Engineer and their employees, Livingston County Drain Commission, Livingston County Road Commission, Livingston County Building Department and other parties of interest as required by the village.

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