(a) Where in this Zoning Code there is delegated to Council, the Zoning Board of Appeals, or the Planning Commission the function of establishing certain physical site improvements including, but not limited, streets, access points, driveways, curbs, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, parking areas, utilities, and similar items, as a contingency to granting a zoning amendment, site plan approval, special approval, or variance, Council, the Board, or the Commission may, to ensure strict compliance with any regulation contained or required as a condition of the issuance of a permit, require the permittee to furnish a performance guarantee in the form of a cash deposit, certified check, irrevocable bank letter of credit or surety bond, to be deposited with the City Clerk, in an amount determined by Council, the Board, or the Commission, to be reasonably necessary to ensure compliance under this Zoning Code and to assure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety, and welfare of the public.
(b) The applicant shall submit an itemized estimate of the cost of the required improvements, the amount of which shall be 100% of the cost of installing the required improvements, plus the cost of necessary engineering and a reasonable amount for contingencies. Council, the Board, or the Commission shall review this estimate before fixing the amount of the performance guarantee. However, in fixing the amount of such performance guarantee, Council, the Board or the Commission shall take into account the size and scope of the proposed improvement project, the current prevailing cost of rehabilitating the premises upon default of the operator, estimated expenses to compel the operator to comply by court decree and such other factors and conditions as might be relevant in determining the sum reasonable in light of all facts and circumstances surrounding each application.
(c) The performance guarantee shall be deposited at the time of the issuance of the permit authorizing the activity or project. The City may not require the deposit of the performance guarantee before the date on which the City is prepared to issue the permit. The City shall establish procedures under which a rebate of any cash deposit in reasonable proportion to the ratio of work completed on the required improvements, will be made as work progresses. This section shall not be applicable to improvements for which a performance guarantee has been deposited pursuant to Act 288 of the Public Acts of 1967, as amended (MCLA 560.101 et seq.).
(Res. 98-529A. Passed 12-21-98; Res. 08-362A. Passed 11-17-08, Eff. 12-3-08.)