Where in this Zoning Code there is delegated to Council or the Board of Zoning Appeals the function of establishing certain physical site improvements as a contingency to securing a site plan approval, special approval or variance, the Enforcement Official shall, to insure strict compliance with any regulation contained herein or required as a condition of the issuance of a permit, require the permittee to furnish a performance or surety bond, or cash bond at the discretion of the Enforcement Official or Board of Zoning Appeals, executed by a reputable surety company authorized to do business in the State of Michigan in an amount determined by Council or the Board of Zoning Appeals to be reasonably necessary to insure compliance hereunder, provided, however, that in fixing the amount of such performance or surety bond, Council or the Board of Zoning Appeals shall take into account the size and scope of the proposed improvement project, current prevailing cost for the Village to rehabilitate the premises upon default of the operator, estimated expense to compel the operator to comply with a court judgment and such other factors and conditions as might be relevant in determining the sum reasonable in the light and circumstances surrounding such application. If cash or a check is received as a bond, the cash or check need not be maintained in an interest bearing account.
The Enforcement Official shall monitor the progress of the work under permit. Upon request of the permit holder, the Enforcement Official shall inspect the work site within a reasonable period of time for purposes of determining compliance with the permit as issued by the Village. If, in the opinion of the Enforcement Official, all work, including restoration of soil and other property disturbed by the work, has been completed in compliance with the permit and all applicable laws, then the remaining portion of any performance, surety or cash bond held by the Village shall be returned to the permit holder. Interest shall not be paid on the surety or cash bond.
(Ord. 2000-38. Passed 5-8-00.)