Where in this chapter there is delegated to the City Council, Board of Appeals on Zoning, or the City Planning Commission the function of establishing certain physical site improvements as a contingency to securing a zoning amendment, special approval, or variance, the City Council, Board of Appeals on Zoning, or the City Planning Commission may, to ensure strict compliance with any regulation contained or required as a condition of the issuance of a permit or certificate of occupancy, require the permittee to furnish a cash deposit, certified check, irrevocable bank letter of credit, or surety bond to be deposited with the Department of Public Works for those items relating to actions of the City Planning Commission or Board of Appeals on Zoning, and with the City Clerk for those items relating to actions of the City Council, in an amount determined by the Department of Engineering to be reasonably necessary to insure compliance hereunder; provided, however, that in fixing the amount of such cash deposit, certified check, irrevocable bank letter of credit, or surety bond, the City Council, Board of Appeals on Zoning, or the City Planning Commission shall take into account the size and scope of the proposed improvement project, 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 the light of all facts and circumstances surrounding each application. 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 deposits 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 cash deposit, certified check, irrevocable bank letter of credit, or surety bond has been deposited pursuant to the Land Division Act, Public Act 288 of 1967, being M.C.L. §§ 560.101 et seq.
(Prior Code, § 153.598) (Ord. D-1418, § 2609, passed 11-22-1982, effective 1-21-1983)