To ensure compliance with the provisions of this chapter and
any conditions imposed thereunder, the Township Board may require
that a performance guarantee be deposited with the Township to ensure
the faithful completion of improvements, in accordance with the provisions
of the Michigan Zoning Enabling Act, Act 110 of 2006, MCLA § 25.3101
et seq., as amended. Improvements for which the Township may require
a performance guarantee include, but are not limited to, landscaping,
berms, walls, lighting, surfacing of drives, parking, and acceleration/deceleration
lanes, traffic control devices, sewer or water line expansion, stormwater
retention areas and land reclamation activities.
The performance guarantee can apply only to those specific features
and actions which the Township Board considers necessary to protect
natural resources or the health, safety, or welfare of residents,
project users, or the general public. A performance guarantee may
not be required for the entire project. The guarantee is limited to
those project components specifically designated by the Township Board.
The Township Board may require a performance guarantee on any
other specific improvement when determined by resolution that the
guarantee is necessary to protect the natural resources of the Township
or the health, safety, or welfare of residents, project users, or
the general public. A performance guarantee shall be required by the
Township Board on the applicable portion(s) of a site plan under any
of the following circumstances:
A. To meet the costs of improvements required to be made by the applicant
to public facilities owned by the Township as a condition of site
plan approval.
B. To ensure the completion of the common elements of the site plan
affecting two or more parties.
C. To ensure the completion of those portions of a site plan that will
not be completed by the applicant prior to a request for occupancy.
The performance guarantee shall be submitted under these general
conditions:
A. The performance guarantee shall be submitted at the time of issuance
of the permit authorizing the activity or project. No building permit
or related Township permit shall be issued unless the Zoning Administrator
is satisfied that the guarantee is in full compliance with this chapter.
B. The performance guarantee shall be in the form of:
(1)
A cash deposit or deposit by certified check drawn on a bank
authorized to do business in the State of Michigan; or
(2)
An irrevocable letter of credit issued on behalf of the Township
by a bank authorized to do business in the State of Michigan; or
(3)
A surety bond in a form and manner acceptable to the Township
Attorney. The costs of the review of a surety bond by the Township
Attorney shall be paid by the applicant as part of the issuance of
a permit.
C. The amount of the performance guarantee shall be sufficient to cover
the estimated costs of the improvements associated with a project
for which site plan approval or zoning variance has been obtained.
Accordingly, the applicant shall provide an itemized listing of estimated
costs and a proposed time schedule to complete all of the improvements
determined to require a performance guarantee. The Zoning Administrator
or Township Engineer shall review the submitted costs for reasonableness
and shall determine an accurate amount for the performance guarantee.
In determining the amount, the Zoning Administrator may consider signed
contracts or subcontracts supplied by the applicant or the Zoning
Administrator may secure or require that the applicant secure a sealed
statement from a licensed architect or engineer verifying the estimates.
D. Cash funds or a certified check made payable to the Township shall
be deposited by the Township into an account in a financial institution
with which the Township regularly conducts business.
E. In the case of a guarantee exceeding $2,000, and by request of the
applicant, the guarantee may be released to the applicant in an amount
proportional to the work completed on various elements, provided that
a minimum of 10% shall be retained on each element until the satisfactory
completion of the entire project. The amount of work completed shall
be based upon an inspection and determination by the Zoning Administrator
and or Township Engineer.
F. An amount not to exceed the actual cost of the installation of landscape
materials may be retained by the Township for at least one year following
the installation of said materials to insure proper maintenance and,
if necessary, replacement. This amount shall be released to the applicant
upon certification by the Zoning Administrator that all landscape
materials are being maintained in good condition.
G. The unexpended balance of a performance guarantee shall be returned
to the applicant following inspections by the appropriate Township
officials and a positive determination by the Zoning Administrator
and or Township Engineer that the required improvements have been
satisfactorily completed and that all other requirements of this chapter
are met.
Unsatisfactory completion of improvements include:
A. When required improvements are not installed or maintained within
the time stipulated or are not completed in accordance with the standards
set forth within this chapter or as agreed upon between the applicant
and the Township Board, the Township Board may order the improvements
completed by the Township or by an independent contractor, or may
order that the site be returned to its original condition.
B. The Zoning Administrator shall order the completion of the improvements
and so notify the applicant by certified mail at least 30 calendar
days prior to the undertaking of completion. During this time period,
the applicant may seek an order from a court of competent jurisdiction
to prevent the action by the Township.
C. All costs incurred by the Township for the completion of the improvements
or the restoration of the site, including direct administrative costs,
shall be assessed against the performance guarantee.