(a) Inclement Winter Weather. In the event of a hardship resulting from inclement winter weather an applicant may request that the official of the Department of Public Works delay the requirement for installation of sidewalks. Upon a request and review, the official of the Department of Public Works may extend the time for completion of sidewalks not to exceed a period of nine months and shall require an acceptable cash escrow or performance bond equal to the estimated cost of construction.
(b) Other Appeals.
(1) The Township Board shall be empowered to grant variances or to vary the specifications of this chapter, or to waive the requirements of this chapter when satisfied by majority vote after the presentation of competent evidence that any of the following is true:
A. A unique circumstance is present.
B. An unnecessary hardship will result.
(2) In determining whether a variance or a waiver shall be granted, the Township Board shall consider the following factors and any other relevant evidence:
A. The presence or absence of underground facilities, such as water or sewers, beneath the area where the sidewalk would be installed.
B. Unusual physical characteristics resulting in engineering difficulty in design or installation.
C. The existence of temporary conditions such as weather affecting construction.
(c) Procedures for Application, Appeal and Review. Any person seeking appeal from the provisions of this chapter shall submit an application for appeal upon a form provided by the Department of Public Works and pay any fee established by resolution of the Township Board for the Charter Township of Clinton complying fully with the following time requirements:
(1) In the event of an appeal to vary or waive the requirement for installation of a sidewalk or portion thereof, such appeal must be made within ten days of the submittal of an application for a building permit or site plan approval.
(2) Appeal from issuance of a notice for repair or removal of encroachment must be made within ten days from date of mailing or personal service of the notice form provided pursuant to Section 1022.11.
(d) Escrow for Future Construction. The Department of Public Works, utilizing Standards set forth herein, may determine that a sidewalk shall be constructed in the future. In such event, the Township Board shall comply with the following procedures and requirements.
(1) Escrow guarantee. Where such sidewalk is to be constructed in the future the Township Board shall order that a sum certain in cash money be deposited in an escrow account to guarantee such construction. The amount of deposit shall be determined, with input from the Department of Public Works, to equal the estimated cost of construction and shall be refunded to the applicant upon completion of the construction conforming to the specifications and standards of this chapter upon inspection by the Department of Public Works and notification of compliance from the Building Department to the Township Board.
(2) Time for completion. The Township Board shall establish a time for commencement and completion of the project. Time for commencement shall not exceed one year. The time for completion shall be established with input from the Department of Public Works. In the event commencement does not take place within the time provided by the Township Board, funds deposited in the escrow account are deemed forfeited to the Township without the need of further notice or action and the Township shall use such funds for construction of sidewalks at the proposed location. Any surplus shall be deposited into the General Fund of the Township and in the event of any deficiency, the cost of completion of the sidewalk shall be charged against the owners of the property in accordance with the provisions of Section 1022.11. In the event the sidewalk has not been completed within the time provided, the Township may complete construction utilizing funds in escrow. Upon completion, any surplus greater than twenty percent of such original escrow amount shall be refunded to the owner with the balance deposited in the Township General Fund. Any deficiency shall be collected in a manner as provided pursuant to Section 1022.11(b).
(Ord. 195-A-2. Passed 5-7-90.)