(A) (1) A surety bond, cash deposit or irrevocable bank letter of credit approved by the Township Board may be required by the Planning Commission or Zoning Board of Appeals to ensure the complete construction of necessary improvements such as streets, lighting, utilities, walks, screening, drainage or structures to protect natural resources or the health, safety and welfare of township residents, or to abate nuisances as described herein, in accordance with the site plan as proposed and approved and for which a building permit is required. This bond, deposit or letter of credit may be up to an amount equal to the estimated cost of the site improvement, and may be reduced in proportion to the amount of work accomplished and accepted by the Township Building Inspector. The bond, deposit or letter of credit shall run to the benefit of the township and shall require that the project shall be completed in accordance with the conditions of permit and any conditions thereof. In the event of failure of the developer to complete the project in accordance with the approved site plan, the township may utilize the bond, deposit or letter of credit to employ others to wholly or partially complete the project in any manner deemed appropriate to render the project safe and usable. In that event, the Board shall not be required to complete the project according to the original plan but may use such means as it shall determine most reasonable and feasible to render the project safe and usable, or the Board may elect to use such other means to compel the developer to complete the project in accordance with the plan of development and may utilize that portion of the bond, deposit or letter of credit to pay any costs incurred in compelling compliance with the development plan.
(2) Notice of noncompliance with the development plan may be given by addressing a letter to the developer or successor to the developer at the last-known address of the developer 7 days prior to commencement of exercise of the rights of the Board to perform such works itself or by contract with others, and the developer shall be entitled to a hearing thereon if, within 7 days following mailing of the notice, he or she shall in writing request a hearing. The date, time and place of the hearing is to be determined by the Board. In the event of the developer permitting a dangerous condition to develop or to remain, then the Board may immediately take any corrective measures deemed necessary to correct or protect the public from that condition without prior notice of any kind and the bond, deposit or letter of credit may be used for that purpose. The determination of the Board of the Township shall have no obligation to correct, render safe or complete, wholly or partially any such project or condition but shall have the privilege of doing so at its judgment and discretion. The liability of the developer to complete or correct the project in accordance with the approved plan shall not be limited to the bond, deposit or letter of credit.
(B) The surety bond, cash or letter of credit, if required, shall be returnable in full upon issuance of a certificate of occupancy and compliance less any sums thereof used to correct or complete the project in accordance with the plan or costs incurred to require compliance with the plan or render the project safe.
(Ord. § 26.02, passed 5-22-1997)