(A) General. Upon authorizing any zoning permit, PUD approval, site plan approval, special use approval or variance, the body or official that administers the respective request, as designated by this chapter, may require that a cash or surety bond or irrevocable letter of credit be submitted to:
(1) Ensure compliance with any and all the requirements, specifications and conditions imposed with such permit, approval or variance; and
(2) To ensure the discontinuance of a temporary use by a stipulated time.
(B) Amount of bond. The amount of security to be submitted by the applicant to the township shall be equal to the total estimated cost of all required improvements and conditions of site plan and zoning approval, including contingencies. If development is staged or phased over time, separate security for each phase shall be submitted at the beginning of each phase as a prerequisite. All improvements and conditions shall be satisfactorily completed prior to issuance of a certificate of occupancy. However, one nine-month extension beyond issuance of a certificate of occupancy may be permitted by the Zoning Administrator.
(C) Return of performance and rebates. During project development, as specific improvements and conditions of site plan and zoning approval are satisfactorily completed, as attested to by the Zoning Administrator, the Zoning Administrator shall direct the Township Clerk to return or rebate a portion of the cash or surety bond equal to the cost of the specific improvement or condition complied with.
(D) Withholding and partial withholding of performance bonds. Upon the failure to comply with any or all of the requirements of this chapter, an approved site plan, or with any or all conditions of zoning approval, the security, or portion thereof, shall be forfeited by the applicant. The Township Board shall determine the cost of the zoning and site plan requirement to be completed according to the most current construction prices, including the cost of administration. The amount determined shall be the amount of security forfeited and applied toward zoning enforcement upon the site, and/or toward completing the necessary improvements, requirements or conditions of zoning approval upon the site.
(E) Performance bond for razing of building. The Zoning Administrator shall require a letter of credit or cash deposit prior to the razing or demolition of principal structures and accessory structures having more than 144 square feet of floor area. Said security shall be conditioned on the applicant completing the razing within such reasonable period as shall be prescribed in the permit and complying with such regulations as to health and safety as the Zoning Administrator, Fire Inspector or the Township Board might from time to time prescribe, including filling of excavation and proper termination of utility connections.
(Ord. passed 7-12-2012, § 14.8)