(A) To ensure compliance with a zoning ordinance and any conditions imposed thereunder, the Zoning Administrator may require that a cash deposit, certified check, irrevocable bank letter of credit acceptable to the township, covering the estimated cost of required improvements associated with a project for which site plan approval is sought, be deposited with the township to ensure faithful completion of the improvements.
(1) The Zoning Administrator, upon consultation with the Township Building Inspector and engineer shall estimate the cost of the improvements.
(2) In determining whether or not to require a performance guaranty, the Zoning Administrator shall consider the following:
(a) The size and scope of the project;
(b) Impact on the health, welfare and safety of the residents of the township if the project is not completed;
(c) The impact on the surrounding properties, if the project is started but not completed;
(d) The ability the applicant has to complete the project; and
(e) The credit worthiness of the applicant in the event the township is required to bring enforcement action against the applicant.
(3) The performance guarantee, if required, shall be deposited at the time of the issuance of the permit authorizing the activity or project, or alternatively may be required by the Zoning Administrator in conjunction with a request for a temporary occupancy permit.
(4) The township may not require the deposit of the performance guarantee prior to the time when the township is prepared to issue the permit.
(5) The township shall establish procedures whereby a rebate of any cash deposits in reasonable proportion to the ratio of work completed on the required improvements will be made as work progresses.
(B) This section shall not be applicable to improvements for which a cash deposit, certified check, irrevocable bank letter of credit, or surety bond has been deposited pursuant to Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended (i.e., subdivisions).
(C) As used in this section, IMPROVEMENTS means those features and actions associated with a project which are considered necessary by the body or official granting zoning approval in order to protect natural resources, the health, safety and welfare of the residents of the township, and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening and drainage. IMPROVEMENTS does not include the entire project that is the subject of zoning approval.
(1) If any portion of the required improvements is not completed or does not meet construction standards within the allocated time period, the Township Board or Zoning Administrator shall declare whatever security has been pledged as forfeit. Where the Township Board or Zoning Administrator is not already in possession of the guarantee, it shall immediately take the actions necessary to obtain it. Upon receipt of these securities, the Township Board or Zoning Administrator shall use them, or receipts from their sale if that be necessary, to finance the completion of contracted improvements or the rebuilding of the improvements to the proper specifications. Unused portions of these securities shall be returned to the subdivider, bonding company or crediting institution, as is appropriate.
(2) Upon acceptance of the final portion of improvement, the township shall authorize the release of the remaining portion of the performance guarantee.
(3) No action or inaction by the township in respect to any required improvement shall serve to extend the time of validity of any temporary certificate of occupancy or excuse any violation of this chapter. A temporary certificate of occupancy may, however, be extended in time, and from time to time, for good cause shown. Any like extension shall serve to extend for the same period the time for completion of the required site improvements.
(Ord. passed 6-28-2006)