(A) Fees. All applications and reviews subject to this Zoning Code shall be accompanied by a fee, according to a fee schedule adopted by resolution of the City Council. Actions initiated by city staff, the Planning Commission or City Council shall not be subject to the fee.
(B) Performance guarantees. The Planning Commission, Board of Zoning Appeals or City Council, as applicable, may require an applicant to deposit a performance guarantee to ensure compliance with this Code, the completion of improvements and to protect natural resources and the health, safety and welfare of city residents and the future users or inhabitants of the project.
(1) A "performance guarantee" shall mean a cash deposit, certified check, letter of credit or other legal surety approved by the city in an amount equal to the estimated cost for any improvements to be made, as determined by the applicant and confirmed and verified by a representative of the city.
(2) The performance guarantee shall be deposited with the city before any building permits can be issued. The treasurer shall retain the performance guarantee, in accordance with this section.
(3) When a performance guarantee is required as a condition of approval, the approving body shall also specify when the related improvement must be completed.
(4) As the project is constructed, the city may rebate money to the applicant based on a reasonable proportion of the completed work, provided that at least 10% shall be retained for each related element until the entire project has been satisfactorily completed. The city may solicit the opinion of a civil engineer or other licensed professional in the State of Ohio to determine the value of the completed work.
(5) Once a project has been satisfactorily completed, as determined by the Zoning Administrator, and all the landscaping (if required) has been established, the treasurer shall return any remaining funds to the applicant. The city may retain up to 10% of the performance guarantee to cover any administrative or consultant costs directly associated with reviewing and/or inspecting any improvements.
(6) In the event an applicant does not make the improvements for which the performance guarantee was required within the established time period, or if improvements are not constructed in accordance with this Zoning Code and/or any required conditions and attempts to attain compliance are unsuccessful, the city may enter the subject property and complete the improvements using the performance guarantee to cover costs.
(7) In the event an applicant does not make or complete the improvements and the performance guarantee is insufficient to allow the city to complete them, the applicant shall be required to pay the city an amount necessary to complete the improvements, plus any administrative or legal fees.
(Res. 21-1165, passed 7-20-21)