No building permit shall be issued for the construction of any
building, structure, or improvement to land or any lot within a project,
as defined herein, which has been approved for development until all
requirements of this chapter have been fully approved, unless by stipulation
or by agreement between the City Council and the developer.
No structure or building shall be occupied or used unless and
until an occupancy permit shall be issued therefor by the Building
Inspector. No occupancy permit shall be issued for any structure within
a project approved for development until all public improvements and
utility services have been installed and made ready to service the
structure, except as modified by stipulation or agreement between
the City Council and the developer.
The Building Administrator shall not issue a certificate of
occupancy for any building or structure until the following specifications
have been met:
A. No final certificate of occupancy shall be granted for the use of
any building or structure on a lot subject to this chapter until:
(1) Required sanitary sewer and water service has been installed and
made ready for servicing the parcel, by having obtained proper Berrien
County Health Department well and septic permits or Department of
Environment, Great Lakes and Energy (EGLE) permits to operate and
have passed mandel, air pressure, chlorination and all required testing
by the City Engineer, and
(2) Sidewalks, trees, and sod or seeding are completed in the right-of-way
or street servicing the parcel and, if a subdivision or condominium:
(a)
Lots in a subdivision rough graded;
(b)
Stormwater runoff provided for; and
(c)
Roadways and/or fire lanes providing access to the lot and subdivision
have been proof rolled and paved with the binder course of asphalt.
B. No certificate of occupancy shall be issued for any structure or
building unless the Building Administrator and/or City Engineer certify
that the public improvements required by this chapter for the site
have been installed in conformity with approved plans and specifications.
In the event that weather conditions prevent completion of all public
improvements and at the discretion and with the approval of the City
Council, a cash escrow payment, or letter of credit, equal to 125%
of the amount of all incomplete improvements shall be filed with the
City to ensure that improvements will be completed within 30 days
of the onset of the next building season. The filing of this cash
escrow and written guarantee shall allow for the issuance of a certificate
of occupancy, and in no other instance unless otherwise approved by
the City Council.