PERFORMANCE GUARANTEES

A. The Zoning Administrator, Planning Commission, Zoning Board of Appeals, and the Village Council are empowered to require a performance guarantee in the form of a bond, cashier’s check, cash, or other suitable negotiable security, in an amount equal to the estimated cost of improvements associated with the project which is the subject of such guarantee.

B. Such performance guarantee shall be deposited with the Clerk at the time of the issuance of the permit by the Village authorizing the activity or project to ensure faithful completion of the improvements indicated with the approved site plan. If said improvements are not completed such security shall be forfeited, either in whole or in part.

C. The Village shall rebate a proportional share of cash deposits only when requested by the depositor, based on the percent of improvements completed, as attested to by the depositor and verified by the Zoning Administrator.

D. In cases where the improvements indicated with the approved site plan have not been completed in accordance with the approval granted, the amount of the aforementioned performance guarantee may be used by the Village to complete the required improvements.

The balance,if any,shall be returned to the depositor.

SECTION 19.06 FEES

A. The Village Council shall, by resolution, establish fees for the administration of this Ordinance, including all proceedings and matters that may arise hereunder. A listing of current fees shall be available for review by the public during regular office hours at the Village Hall. Such fees may be changed from time to time by resolution of the Village Council.

B. The applicant shall pay all applicable fees upon the filing of any application, proposed site plan, or any other request or application under this Ordinance for which a fee is required.

C. In addition to regularly established fees, the Village Council in its discretion may also require an applicant to submit to the Village an amount of money determined by the Village to be a reasonable estimate of the fees and costs which may incurred by the Village in reviewing and acting upon any such application or related matters. Such estimated fee and costs shall be submitted prior to any Village review of an application or request.

D. The Village shall not charge fees or assess costs to the applicant for the time expended by Village employees (except as authorized under appropriate provisions of the Freedom of Information Act) or for incidental costs and expenses, but may charge or assess the applicant for all other reasonable costs and expenses incurred by the Village during and in connection with the review process and other related proceedings, whether or not the application is granted either in whole or in part.

E. Such costs and expenses to be charged or assessed to the applicant, for reimbursement of the reasonable costs and expenses, may include but shall not be limited to Village attorney fees, engineering fees, costs and fees for services or outside consultants, fees and expenses of other professionals who may assist the Village, costs and fees for studies and reports pertaining to the matters in question, special meeting costs, and other reasonable costs and expenses.

F. Any monies paid or deposited by an applicant which are not used or spent by the Village shall be refunded to the applicant.

SECTION 19.07 PERMITS

(Amended 4-14-14)

A. No dwelling, building or structure subject to the provisions of this Ordinance shall be erected, altered, enlarged or moved upon any lot or premises until a zoning permit has been issued by the Zoning Administrator in conformity with the provisions of this Ordinance.

Such permit shall be non-transferable and shall be good for one (1) year with the right of renewal in the discretion of the Zoning Administrator upon proper application and must be granted before any work of excavation, construction, alteration, enlargement or movement is begun.

B. All applications for a zoning permit shall be submitted to the Zoning Administrator and shall be accompanied by a site plan as set forth in Chapter 16 of this Ordinance titled Site Plan Review.

C. For each zoning permit issued a fee shall be charged as set forth in Chapter 19, Section 19.06 of this Ordinance. No zoning permit shall be valid until the required fee has been paid. Zoning permits may be renewed for a second year at no cost when no significant changes of plans has occurred. When significant changes, if determined by the Zoning Administrator, have occurred a new applicant for zoning permit and fee shall be required.

D. Unless a longer period of time is granted during the review process, projects must be finished within one year of zoning permit approval. Projects commenced but unfinished at the end of the timeframe are declared to be nuisances, per se, and the Village Council for the Village of Pentwater may pursue remedies and enforcement per Section 19.03. If continued and substantial progress is demonstrated prior to permit expiration, the Zoning Administrator may renew a zoning permit and extend the timeframe six (6) months for project finalization, if a request is submitted by the applicant. If substantial progress is not made within the extended timeframe and a second renewal is not requested, Section 19.03 shall apply.

E. Nothing in this Section of the Zoning Ordinance shall be construed as to prohibit the applicant or their agent from preparing their own plans and specifications, provided the same are clear and legible and adhere to the required information as set forth in this Ordinance.

F. Permit Revocation

1. The Zoning Administrator shall have the authority to revoke or otherwise cancel any\zoning permit issued in cases of failure and/or neglect to comply with any of the provisions of the Ordinance, conditions of approval, or in the case of false statement or misrepresentation made by the applicant.

2. Zoning permits may be revoked for projects commenced but unfinished within the timeframe prescribed in Section 19.07.D, unless renewals are issued.

3. Written notice of the revocation of cancellation of the zoning permit shall be provided by first class mail or personal delivery by the Zoning Administrator to the applicant or holder of the permit as soon as practicable, but in no case more than five (5) days after the revoking of canceling of the permit.

4. The applicant or holder of the zoning permit shall have the right of appeal to the Zoning Board of Appeals in accordance with the provisions of Section 8.07 of the Ordinance.

G. Within ten (10) days after receipt of the completed zoning permit application, the Zoning Administrator shall issue a zoning permit to the applicant or their duly authorized agent provided the dwelling, building or structure and the land used thereof as set forth in the application are in conformity with the provisions of this Ordinance, and when such permit is refused, the Zoning Administrator shall state such refusal in writing with cause. The Zoning Administrator shall file one (1) copy of the application, with proper notations thereon or attached thereto relative to his/her approval or disapproval including the date thereof as record. A copy of the application shall be returned to the applicant with similar notation.

H. Accessory buildings when erected at the same time as the principal building on a lot and shown on the application thereof shall not require a separate zoning permit.