A Zoning Administrator, or such deputies, shall
be appointed by the City Manager and designated to administer and
enforce the provisions of this chapter.
The Zoning Administrator shall:
A.
Receive and review for completeness all applications
for site plan review and special land use permits which the Plan Commission
is required to decide under this chapter and refer such applications
to the Plan Commission for determination.
B.
Receive and review for completeness all applications
for appeals, variances, or other matters which the Zoning Board of
Appeals is required to decide under this chapter and refer such applications
to the Zoning Board of Appeals for determination.
C.
Receive and review for completeness all applications
for amendments to this chapter and refer such applications to the
Plan Commission for determination.
D.
Implement the decisions of the Plan Commission and
City Commission related to this chapter.
E.
Coordinate enforcement of this chapter with the Enforcement
Officer.
A.
Application. Applications for special land use permits authorized in this chapter shall be submitted to the Zoning Administrator on a form provided by the City. In addition to a complete application form, the applicant is required to submit a site plan, building floor plans and elevations prepared in accordance with § 770-12, Site plan review, and pay all associated fees. Incomplete submittals shall not be accepted by the Zoning Administrator.
B.
Procedures.
(1)
Special land use permits may be granted by the Plan
Commission at its discretion.
(2)
The Zoning Administrator shall review the proposed application and site plan pursuant to § 770-12, Site plan review, to determine if all required information has been supplied, and forward the complete application, site plan, and supporting data to the Plan Commission.
(3)
Prior to a decision by the Plan Commission, a public hearing shall be held in accordance with § 770-13, Public hearings.
(4)
Following the public hearing the Plan Commission may
deny, approve, or approve with conditions a request for a special
land use. The decision of the Plan Commission shall be incorporated
in a statement of conclusions relative to the special land use under
consideration. Any decision which denies a request or imposes conditions
upon its approval shall specify the basis for the denial or the conditions
imposed. The Plan Commission may impose such additional conditions
and safeguards deemed necessary for the general welfare, for the protection
of individual property rights, and for insuring that the purposes
of this chapter and the general spirit and purpose of the district
in which the special land use is proposed will be observed.
C.
Basis of determinations. The Plan Commission shall
review the proposed special land use in terms of the standards stated
within this chapter and shall establish that such use and the proposed
location:
(1)
Will be harmonious and in accordance with the general
objectives or any specific objectives of the Master Plan.
(2)
Will be designed, constructed, operated, and maintained
so as to be harmonious and appropriate in appearance with the existing
or intended character of the general vicinity and will not change
the essential character of the area.
(3)
Will not be hazardous or disturbing to existing uses
or uses reasonably anticipated in the future.
(4)
Will be an improvement in relation to property in
the immediate vicinity and to the City as a whole.
(5)
Will be served adequately by essential public services
and facilities or that the persons responsible for the establishment
of the proposed use will provide adequately any such service or facility.
(6)
Will not create excessive additional public costs
and will not be detrimental to the economic welfare of the City.
(7)
Will be consistent with the intent and purposes of
this chapter, and comply with all applicable provisions and standards
which are established for said use by this chapter and other applicable
codes.
D.
Duration, voiding and extensions of permit.
(1)
Unless otherwise specified by the Plan Commission,
any special land use permit granted under this section shall be null
and void unless the development proposed shall have its first building
permit within one year from the date of granting of the permit. The
Zoning Administrator may grant an extension thereof for good cause.
(2)
The Zoning Administrator may suspend or revoke a permit
issued under the provisions of this chapter whenever the permit is
issued erroneously on the basis of incorrect information supplied
by the applicant or his agent and is in violation of any of the provisions
of this chapter or of any other ordinances or regulations of the City.
E.
Reapplication. No application for a special land use
permit which has been denied wholly or in part shall be resubmitted
until the expiration of one year or more from the date of such denial,
except on grounds of newly discovered evidence or change of conditions
found to be sufficient as determined by the Zoning Administrator to
justify a new application being considered by the Plan Commission.
The Plan Commission shall have the authority
to review and to approve, approve with conditions or reject all site
plans.
A.
Where required.
(1)
Site plan review is required for all proposed uses
and certain existing uses within the City where an alteration, addition,
expansion, change or conversion constitutes an increase or reduction
to the existing structure or use. Site plan review shall also be required
for the paving of any off-street parking for any use for which off-street
parking is required by this chapter.
(2)
Site plan review shall not be required for one- and
two-family residential, or their customary accessory storage buildings.
(3)
The City shall not issue a building permit until a
site plan has been approved and is in effect. A use, not involving
a building or structure, shall not be commenced or expanded, nor shall
the Zoning Administrator or duly appointed agent issue an occupancy
permit for such use until a site plan has been approved and is in
effect.
B.
Site plan.
(1)
Application. An applicant shall submit a request for
site plan review by filing with the Zoning Administrator the required
number of copies of a site plan as well as the data and exhibits required
in the application, the review fee, and a complete application form.
The Administrator, upon receipt of the complete application, shall
transmit the site plan drawing(s) to the Plan Commission prior to
its next regular meeting.
(2)
Information required. A site plan submitted for review
and approval shall contain all of the information identified on the
site plan review data check list prior to its submission to the City
for review. Site plans shall consist of an overall plan for the entire
development. Sheet size shall be 24 inches by 36 inches with plan
view drawn to a scale of no greater than one inch equals 50 feet.
The Zoning Administrator may also request copies of all plans and
drawings in electronic form and at a reduced size format.
(3)
Standards for review. In reviewing the site plan,
the Plan Commission shall determine whether the plan meets the following
specifications and standards:
(a)
The plan conforms to the approved preliminary
site plan, when applicable, and with all Zoning Ordinance regulations;
(b)
All required information is provided;
(c)
The proposed use will not be injurious to the
surrounding neighborhood and protects the general health, safety,
welfare and character of the City;
(d)
There is a proper relationship between major
thoroughfares and proposed service drives, driveways and parking areas.
Proper access to all portions of the site and all sides of any structure
is provided. All structures or groups of structures shall be so arranged
as to permit emergency vehicle access by some practical means to all
sides;
(e)
The location of buildings is such that the adverse
effects of such uses will be minimized for the occupants of that use
and surrounding areas;
(f)
Natural resources will be preserved to the maximum
extent possible in the site design;
(g)
Sites which include storage of hazardous materials or waste, fuels, salt, or chemicals will be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater or nearby water bodies in accordance with Article VII, county and state standards;
(h)
Landscaping, including grass, trees, shrubs
and other vegetation, are provided to maintain and improve the aesthetic
quality of the site and area; and
(i)
The proposed use is in compliance with all City
ordinances and any other applicable laws.
C.
Supplemental information requirements.
(1)
The following supplemental information shall be submitted
in connection with all site plan applications for nonresidential uses:
(a)
A scaled drawing of the interior layout, showing
the total square footage of floor space, and the location and use
of all rooms. If the use has several floors or areas with typical
design, such design may be submitted along with an explanation of
its general application in specified areas of the building.
(b)
On the drawing, or on separate sheets that may
be referenced to particular areas of the drawing, for each use there
shall be a description with regard to the specific services provided
and/or goods to be stored, sold or displayed, and a specification
relative to each type of services or goods as it relates to each type
of services or goods:
(c)
A written business plan, which shall be in narrative
or other format, describing all uses and business activities to be
undertaken on the premises.
(d)
Additional reasonable information required by
the Planning Department for the purpose of determining the nature
of the use planned for the premises.
(2)
Following submission and approval of the site plan
based upon the information provided in accordance with this subsection,
the Planning Department shall retain the supplemental application
on file in connection with the property. In the event there is a material
change in the information that would indicate a new or different use,
a different percentage of space or receipts, or otherwise alter the
understanding of the various aspects of the use and/or business, the
applicant shall provide the Planning Department with a revision of
the earlier submission so as to ensure a file that is current in its
reflection of the use of the property. The revised information shall
be filed with the Planning Department within 30 days following the
applicant's knowledge of such change.
(3)
Plan Commission action. The Plan Commission shall
study the site plan and shall determine whether the site plan be approved,
approved with conditions or denied. The Plan Commission may suggest
and/or require modifications to the proposed site plan as are needed
to gain approval. The Plan Commission shall state in the record of
its proceedings the grounds for the action taken upon each site plan
submitted for its approval.
(4)
Effect of approval. Approval of a site plan authorizes
issuance of a building permit or, in the case of uses without buildings
or structures, issuance of a certificate of zoning compliance. All
plans submitted for building permit review shall incorporate all contingencies
required by the Plan Commission as part of its approval. No plans
shall be accepted by the Building Department that do not contain all
site plan contingencies.
(5)
Expiration of approval. Unless otherwise specified
by the Plan Commission, any site plan approved or approved with contingencies
under this section shall be null and void unless the development proposed
shall have its first building permit within one year from the date
of the granting of the permit. The Zoning Administrator may grant
an extension(s) thereof for good cause.
D.
Administrative review for site plans involving minor modifications. Administrative review may be conducted by the Zoning Administrator for site plans that involve minor modifications, as defined herein. Such minor modifications shall constitute an alteration, addition or expansion to the existing structure and/or use of less than 500 square feet or 10% of the gross floor area, whichever is less. Minor modifications involving the change or conversion of a use shall be allowed if determined to be less intense by the Zoning Administrator. All plans submitted for administrative review shall comply with § 770-12B, Site plan, and § 770-12C, Supplemental information requirements. However, the Zoning Administrator shall have the authority to take any site plan before the Plan Commission.
E.
Amendment of approved site plan. The Zoning Administrator
shall have the authority to determine if a proposed change requires
an amendment to an approved site plan. A site plan may be amended
upon application and in accordance with the procedure herein for a
site plan. The Zoning Administrator may approve minor changes in an
approved site plan, provided that a revised site plan drawing(s) be
submitted showing such minor changes, for purposes of record.
F.
Modification of site plan during construction. All
improvements shall conform to the site plan. It shall be the responsibility
of the applicant to notify the Zoning Administrator of any such changes.
If the applicant makes any changes during construction in the development
in relation to the approved site plan, such changes are at the applicant's
risk without any assurances that the Zoning Administrator or Plan
Commission will approve the changes. The Plan Commission or Zoning
Administrator may require the applicant to correct the changes so
as to conform to the approved site plan.
G.
Phasing of development. The applicant may, at his
or her discretion, divide the proposed development into two or more
phases. In such case, the site plan shall cover the entire property
involved and shall clearly indicate the location, the size, timing,
and character of each phase.
H.
Inspection. The Building Inspector shall be responsible
for inspecting all improvements for conformance with the approved
site plan. All subgrade improvements such as utilities, a subbase
installation for drives and parking lots, and similar improvements
shall be inspected and approved prior to covering. The applicant shall
be responsible for requesting the necessary inspection.
I.
Violations. The approved site plan shall regulate development of the property and any violation of this article, including any alteration or improvement not in conformance with the approved site plan, and any use of the property inconsistent with the file information provided as required under § 770-12C, Supplemental information requirements, above, shall be deemed a violation of this chapter as provided in § 770-18, Violations and penalties; abatement of nuisances, and shall be subject to all penalties specified therein.
J.
Public hearing requests. A public hearing for a site
plan shall be established in accordance with Public Act 110 of 2006,[1] as amended, or in either of the following events:
(1)
When at least three members of the Plan Commission
deem it necessary; or
(2)
When requested by the applicant seeking site plan
review and approval.
[1]
Editor's Note: See MCLA § 125.3101
et seq.
B.
Procedures for public hearings. A public hearing date
shall be set and a notification published in at least one newspaper
of general circulation within the City and sent by mail or personal
delivery to the owners of the property for which approval is being
considered, to all persons to whom real property is assessed within
300 feet of the property and to the occupants of all structures within
300 feet of the property regardless of whether the property or occupant
is located in the zoning jurisdiction. Notification need not be given
to more than one occupant of a structure, except that if a structure
contains more than one dwelling unit or spatial area owned or leased
by different individuals, partnerships, businesses, or organizations,
one occupant of each unit or spatial area shall receive notice. In
the case of a single structure containing more than four dwelling
units or other distinct spatial areas owned or leased by different
individuals, partnerships, businesses, or organizations, notice may
be given to the manager or owner of the structure who shall be requested
to post the notice at the primary entrance of the structure. The notice
shall be given not less than 15 days before the date of the public
hearing. The notice shall:
(1)
Describe the nature of the request.
(2)
Indicate the property which is the subject of the
request. The notice shall include a listing of all existing street
addresses within the property. Street addresses do not need to be
created and listed if no such addresses currently exists within the
property. If there are no street addresses, other means of identification
may be used.
(3)
State when and where the request will be considered.
(4)
Indicate when and where written comments will be received
concerning the request.
B.
General requirements.
(1)
Each condominium lot shall be located within a zoning
district that permits the proposed use.
(2)
Each condominium lot shall have direct access to a
public or private street or easement which has been approved by the
City and constructed to City standards.
(3)
For the purposes of this chapter, each condominium
lot shall be considered equivalent to a single lot and shall comply
with all regulations of the zoning district in which located, and
the provisions of any other statutes, laws, ordinances, and/or regulations
applicable to lots in subdivisions.
(4)
In the case of a condominium containing single-family
detached dwelling units, not more than one dwelling unit shall be
located on a condominium lot, nor shall a dwelling unit be located
on a condominium lot with any other principal structure or use. Required
yards shall be measured from the boundaries of a condominium lot.
C.
Site plan approval requirements. Preliminary approval
of the site plan and final approval of the site plan and condominium
documents by the Plan Commission shall be required as a condition
to the right to construct, expand or convert a site condominium project.
No permits for erosion control, building construction, grading, or
installation of public water or sanitary sewerage facilities shall
be issued for property in a site condominium development until a final
site plan has been approved by the Plan Commission and is in effect.
Preliminary and final approval shall not be combined.
(1)
Preliminary site plan review. The purpose of such preliminary review is to confirm general compliance with City standards as well as to suggest changes, if necessary, for final site plan approval. The applicant shall submit a site plan pursuant to the standards and procedures set forth in § 770-12B(2), Information required, and § 770-12C, Supplemental information requirements, of this chapter for preliminary site plan review and approval. Approval of the preliminary site plan by the Plan Commission shall indicate its general acceptance of the proposed layout of buildings, streets and drives, parking areas, other facilities and overall character of the proposed development. Approval of the preliminary site shall be valid for a period of one year from the date of approval and shall expire and be of no effect unless an application for a final site plan is filed with the Zoning Administrator within that time period.
(2)
Final site plan review. The applicant shall submit
a final site plan to include the following:
(3)
The Plan Commission shall approve or deny the final
site plans based upon conformance with all applicable laws, ordinances
and design standards.
(4)
The Plan Commission, as a condition of final approval of the site plan, shall require the applicant to deposit a performance guarantee as set forth in § 770-16, Performance guaranty, for the completion of improvements associated with the proposed use.
(5)
The final condominium documents and engineering plans
may be administratively approved following approval of the final site
plan by the Plan Commission.
D.
Required improvements.
(1)
All design standards and required improvements that apply to a subdivision, under Chapter 658, Subdivision Regulations, adopted by the City Commission, shall apply to any condominium development.
(2)
Each condominium unit shall be connected to the City
water, sanitary and storm sewers. Utility standards stated in the
Building Code shall apply to all condominium units proposed for location
on property which is not subdivided and recorded, or property which
is to be further subdivided.
(3)
Monuments shall be set at all boundary corners and
deflection points and at all road right-of-way intersection corners
and deflection points. Lot irons shall be set at all condominium lot
corners and deflection points of condominium lot lines. The City may
grant a delay in the setting of required monuments or irons for a
reasonable time, but not to exceed one year, on condition that the
developer deposit with the City Clerk cash, a certified check, or
an irrevocable bank letter of credit running to the City, whichever
the developer selects, in an amount as determined from time to time
by resolution of the Plan Commission. Such deposit shall be returned
to the developer upon receipt of a certificate by a surveyor registered
in the State of Michigan that the monuments and irons have been set
as required, within the time specified. If the developer defaults,
the Plan Commission shall promptly require a registered surveyor to
set the monuments and irons in the ground as shown on the condominium
site plans, at a cost not to exceed the amount of the security deposit.
(4)
Road rights-of-way shall be described separately from
individual condominium lots, and shall be accurately delineated by
bearings and distances on the condominium subdivision plan and the
final site plan. The right-of-way shall be for roadway purposes and
for the purposes of locating, installing, maintaining, and replacing
of public utilities. The developer shall declare easements to the
City for all public water and sanitary sewer lines and appurtenances.
(5)
All improvements in a site condominium shall comply
with the design specifications as adopted by the City and any amendments
thereto.
E.
Information required prior to occupancy. Prior to
the issuance of occupancy permits for any condominium units, the applicant
shall submit the following to the Zoning Administrator:
(1)
A copy of the recorded condominium documents (including
exhibits).
(2)
A copy of any recorded restrictive covenants.
(3)
A copy of the site plan on laminated photostatic copy
or Mylar sheet.
(4)
Evidence of completion of improvements associated
with the proposed use, including two copies of an as-built survey.
F.
Revision of site condominium plan. If the site condominium
subdivision plan is revised, the final site plan shall be revised
accordingly and submitted for review and approval or denial by the
Plan Commission before any building permit may be issued, where such
permit is required.
G.
Amendment of condominium documents. Any amendment
to a master deed or bylaws that affects the approved preliminary or
final site plan, or any conditions of approval of a preliminary or
final site plan, shall be reviewed and approved by the City Attorney
and Plan Commission before any building permit may be issued, where
such permit is required. The Plan Commission may require its review
of an amended site plan if, in its opinion, such changes in the master
deed or bylaws require corresponding changes in the site plan.
H.
Relocation of boundaries. Relocation of boundaries
between adjoining condominium units, if permitted in the condominium
documents, as provided in Section 48 of the Condominium Act,[2] shall comply with all regulations of the zoning district
in which located and shall be approved by the Zoning Administrator.
These requirements shall be made a part of the bylaws and recorded
as part of the master deed.
[2]
Editor's Note: See MCLA § 559.148
et seq.
I.
Subdivision of condominium lot. Each condominium lot
that results from a subdivision of another condominium lot, if such
subdivision is permitted by the condominium documents, as provided
in Section 49 of the Condominium Act,[3] shall comply with all regulations of the zoning district
in which it is located, and shall be approved by the Zoning Administrator.
These requirements shall be made a part of the condominium bylaws
and recorded as part of the master deed.
[3]
Editor's Note: See MCLA § 559.149
et seq.
From time to time, the City Commission may employ
planning, engineering, legal, traffic or other special consultants
to assist in the review of special land use permits, site plans, rezonings
or other matters related to the planning and development of the City.
In the interest of insuring compliance with
the Zoning Ordinance provisions, protecting the natural resources
and the health, safety, and welfare of the residents of the City and
future users or inhabitants of an area for which an application for
a proposed use has been submitted, the City official administering
the application shall require the applicant to deposit a performance
guaranty as set forth herein. The performance guaranty shall be required
for the following purposes: to insure completion of improvements connected
with a proposed use as required by this chapter, including but not
limited to streets, lighting, utilities, sidewalks, drainage, fences,
screens, walls, and landscaping; to ensure that property is secured
and stabilized in the event active development ceases; and to provide
security in connection with the issuance of a temporary certificate
of occupancy in order to ensure completion of development plans.
A.
In general. Subject to the exceptions and special provisions set forth in Subsection B, below, a performance guaranty shall mean a cash deposit, certified check or irrevocable bank letter of credit in the amount of 125% of the estimated cost of the improvements for which the guaranty is required, as determined by the applicant and verified by the City. If the amount of such estimated cost is not reasonably ascertainable by the City, the applicant may be required by the department administering the performance guaranty to submit a certified estimate prepared by the applicant's licensed engineer or architect; or, alternatively, a bona fide contract for the work to be performed, including a provision authorizing enforcement of the contract by the City in the event of a default by the applicant. To the extent that amounts required to be deposited are in excess of $250,000, such amounts may be posted in the form of a corporate surety bond approved as to form and substance by the City official administering the application, such bond to contain terms and provisions to promote a certain and efficient entitlement to such funds by the City in the event of the need for such funds in order to carry out the intent of the security. A letter of credit and corporate surety bond shall cover a time period equal to or longer than the time anticipated to complete improvements or take other actions, as applicable, and shall require 30 days' advance written notice to the City official administering the application prior to termination. The City shall be authorized to employ the City Engineer and Building Official to review cost estimates and conduct periodic inspections of progress relative to required improvements and/or actions.
B.
Exceptions and special provisions.
(1)
Commercial, multifamily residential and mixed-use
projects.
(a)
The performance guaranty posted in connection
with the proposed construction shall be in an amount equal to 20%
of the amount estimated and certified by the applicant's licensed
engineer or architect for completion of improvements to streets, lighting,
utilities, sidewalks, drainage (including retention or retention facilities,
if any), fences, screens, walls and landscaping, or any other portion
of the project determined by the Building Official to have an impact
upon the public interest, infrastructure or upon the health, safety
or welfare of the general public.
(b)
The 20% shall be posted either in cash or by
letter of credit, the form and substance of which shall be approved
by the Building Official, whose approval shall not unreasonably be
withheld. As a condition of approval of a site plan, special land
use, and/or planned unit development, the Plan Commission may require
a higher performance guaranty be posted prior to building permits
being issued but in no case shall it exceed 125% of the estimated
costs of improvements. The first 20% of any such amount shall be posted
either in cash or by letter of credit, and the balance, 80% shall
be in the form of cash, letter of credit or a surety bond, the form
and substance of which shall be approved by the Building Official,
whose approval shall not unreasonably be withheld.
(2)
One- and two-family dwellings. In connection with
the issuance of a building permit for one single-family detached dwelling
or a two-family dwelling, the Building Official shall be authorized
to require a performance guaranty in an amount not to exceed 5% of
estimated construction cost. Such amount may be utilized by the City
to secure and stabilize the property and avoid hazards in the event
construction ceases, and to complete any improvements specified in
the introductory paragraph to this section.
(3)
City-funded projects. In connection with the issuance
of a building permit for a City-funded project, the Building Official
shall be authorized to require no performance guaranty.
C.
Building occupancy. If the person to whom a building permit has been issued requests a temporary certificate of occupancy or is approved to occupy the building during site improvements, the condition for such issuance shall include the posting of a performance guaranty in the form of cash or letter of credit as contemplated in this section. The amount of the performance guaranty shall be equal to 125% of the cost of satisfying all conditions specified for securing a permanent certificate of occupancy. The first 20% of any such amount shall be posted either in cash or by letter of credit, and the balance, 80% shall be in the form of cash, letter of credit or a surety bond, the form and substance of which shall be approved by the Building Official, whose approval shall not unreasonably be withheld. Such amount shall be determined by the applicant and verified by the City, and, if such amount is not reasonably ascertainable by the City, the applicant may be required by the department administering the certificate of occupancy to provide a certification of amount by the applicant's licensed engineer or architect, or, alternatively, a bona fide contract for the work to be performed, including a provision authorizing enforcement of the contract by the City in the event of a default by the applicant. The posting of a performance guaranty under this Subsection C shall be accompanied by an agreement, as referenced in Subsection E, below. If a performance guaranty enforceable by the City is otherwise posted for one or more of the purposes for which a performance guaranty is required under this subsection, the amount of the guaranty under his subsection may be reduced accordingly in order to avoid a duplication of security for identical purposes.
D.
Terms and provisions of performance guaranties.
(1)
An acceptable surety bond shall be issued:
(a)
By a company licensed to do business in the
State of Michigan by the Department of Consumer and Industry Services,
Office of Financial and Insurance Services;
(b)
By a company with a rating of not less than
"A" as determined by A.M. Best Company or a similarly recognized rating
agency;
(c)
In a form that does not require the City of
Royal Oak to expend money to complete the project bonded and thereafter
seek reimbursement from the surety company;
(d)
By a company with additional qualifications
or in a form containing additional provisions or restrictions as may
reasonably be required by the Building Official based upon the need
for provisions to protect the City under the particular facts and
circumstances; and
(e)
With a provision specifying that any dispute
on whether and/or the amount of payment to be made by the surety,
shall be resolved by binding arbitration.
(2)
A performance guaranty under this section shall be
deposited with the City Treasurer prior to the issuance of the requested
permit or certificate.
(3)
The approval by the City, building permit, temporary
certificate of occupancy, and the like, shall prescribe the period
of time before completion of the improvements and/or actions for which
the performance guaranty has been required.
(4)
The City, upon written request of the applicant, shall
rebate portions of the performance guaranty upon determination by
the City that the improvements and/or actions for which the rebate
has been requested have been satisfactorily completed in accordance
with the approved plans, permits, temporary certificate of occupancy,
and all other applicable laws, regulations and ordinances.
(5)
Upon satisfactory completion of all performance for
which the guaranty was required, as determined by the City, the City
shall return to the applicant the performance guaranty deposited,
and any interest accrued thereon, provided the City generally is not
anticipated to deposit the performance guaranty in an interest-bearing
account.
(6)
If the applicant fails to timely complete all improvements and/or timely take the required action for which the performance guaranty was required, the applicant shall be deemed to be in default. Unless a shorter period has been specified by building permit, ordinance or code, "timely" completion of improvements shall mean not longer than two years from the date of issuance of the building permit; provided, however, a longer period of time may be specified in an agreement entered into as provided in Subsection E, below, or in an amendment of such agreement.
(7)
In the event of a default, the City shall, following
notice to the applicant, have the right to use the performance guaranty
deposited, including any interest earned thereon, to complete the
improvements or take the appropriate actions to achieve completion,
and the application for site plan approval, building permit, temporary
certificate of occupancy, or the like, shall be deemed to have authorized
the right of the City to enter upon the property to bring about such
completion. A notice to an applicant given under this section may
be provided by one or more of the following methods: regular mail,
to the address on the application for permit; and/or by delivery of
the notice to the applicant at such address, and/or by posting the
property.
(8)
In the event the performance guaranty posted is insufficient
in amount to allow the City to complete the improvements and/or actions,
the applicant shall be required to pay the City such additional costs
as needed for the completion of such improvements and/or actions.
Should the City use the performance guaranty, or a portion thereof,
to achieve such completion, any amounts remaining shall first be applied
to the City's administrative costs, including, without limitation,
attorneys' fees, planning consultant fees, engineering consultant
fees, and the like, utilized in connection with securing the guaranty
and completing the improvements and/or actions, and the balance remaining
thereafter shall be refunded to the applicant.
(9)
If the applicant has been required to post a performance
guaranty with another governmental agency other than the City for
the purpose of ensuring completion of an improvement, and the amount
and terms of such performance guaranty are deemed adequate by the
City, and are enforceable by the City, the applicant shall not be
required to deposit with the City a duplicate performance guaranty
for the same improvement.
E.
Written agreement. At the time the performance guaranty
is deposited with the City, and prior to the issuance of permits,
approved occupancy of the building or temporary certificates of occupancy,
the applicant may be required to enter into an agreement executed
by the applicant and the City relative to the terms and provisions
applicable to the use of the performance guaranty; provided, however,
in the absence of such agreement, the terms and provisions of this
section shall govern.
The City Commission shall establish a schedule
of fees, charges, and expenses, for matters pertaining to this chapter,
certificates of occupancy, appeals, and other matters pertaining to
this chapter. The City shall have the authority to include fees for
the use of engineering, planning, legal or other special consultants.
The schedule of fees shall be posted in the City offices, and may
be altered or amended only by the City Commission. No permit, certificate,
special land use on approval, or variance shall be issued unless or
until such costs, charges, fees, or expenses have been paid in full,
nor shall any action be taken on proceedings before the Board of Appeals,
unless or until preliminary charges and fees have been paid in full.
Uses of land, buildings, or structures, erected,
altered, razed, or converted in violation of any provisions of this
chapter are hereby declared to be nuisances per se. The court having
jurisdiction shall order such nuisance abated, and the owner and/or
agent in charge shall be adjudged guilty of maintaining a nuisance
per se. Any person, persons, firm or corporation, or any other acting
on behalf of said person, persons, firm or corporation, violating
or failing to comply with any of the provisions of this chapter, or
any of the regulations adopted in pursuance hereof, or who shall hamper,
impede or interfere with the performance of the duties of the official
or agent of the City of Royal Oak or other officer under the provisions
of this chapter, shall be guilty of a municipal civil infraction,
and upon being found responsible therefor, shall be punished by a
fine not exceeding $250 for the first offense and $500 for a subsequent
violation following the first offense. Each act of violation and every
day upon which such violation shall occur shall constitute a separate
offense.
