Lyon Charter Township
City Zoning Code

A.

To insure compliance with the provisions of this Ordinance and any conditions imposed thereunder, a performance guarantee shall be deposited with the township to insure faithful completion of improvements, in accordance with Section 505 of the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended.

B.

Improvements for which the township may require a performance guarantee include, but are not limited to, landscaping, signage, berms, walls, lighting, driveways and parking, acceleration/deceleration lanes, traffic control devices, sidewalks, and land reclamation activities.

(Ord. No. 01-25, § 1, 6-2-2025)

The performance guarantee shall meet the following requirements:

A.

The performance guarantee shall be in the form of a cash escrow.

B.

The performance guarantee shall be submitted prior to the township or their representative scheduling a pre-construction meeting. The township may deposit the funds in an interest-bearing account in a financial institution with which the township regularly conducts business.

C.

The amount of the performance guarantee shall be no less than 125 percent of the estimated cost for which the guarantee is required. The applicant shall provide an itemized schedule of estimated costs to complete all such improvements. The exact amount of the performance guarantee shall be determined by the building official or his designee.

D.

The entire performance guarantee shall be returned to the applicant following inspection by the building official or his designee and a determination that the required improvements have been completed satisfactorily. The performance guarantee may be released to the applicant in proportion to the work completed on various elements, provided that a minimum of ten percent shall be held back on each element until satisfactory completion of the entire project.

E.

An amount not less than ten percent of the total performance guarantee may be retained for a period of at least one year after installation of landscape materials and other improvements requiring a performance guarantee (including, but not limited to, sidewalks, pathways, and others) to ensure proper maintenance and replacement, if necessary. This amount shall be released to the applicant upon certification by the building official that all landscape materials are being maintained in good condition.

(Ord. No. 01-25, § 1, 6-2-2025)

Whenever required improvements are not installed or maintained within the time stipulated or in accordance with the standards set forth in this Ordinance, the township may complete the necessary improvements itself or by contract to an independent developer, and assess all costs of completing said improvements against the performance bond or other surety, including any interest accrued on said bond or surety. Prior to completing said improvements, the township shall notify the owner, site plan review applicant, or other firm or individual responsible for completion of the required improvements.