SITE PLAN REVIEW
It is the purpose of this article to require site plan review approval for all buildings, structures and uses that can be expected to have a significant impact on natural resources, traffic patterns, adjacent parcels and the character of future development. The regulations contained herein are intended to provide and promote the orderly development of the City of Norway; safe and convenient traffic movement, both within a site and in relation to access streets; the stability of land values and investments by preventing the impairment or depreciation of land values and development, by the erection of structures or additions or alterations thereto, without proper attention to setting or to unsightly or undesirable appearances; harmonious relationship to buildings, other structures and uses, both within a site and/or adjacent sites; and the conservation of natural amenities and resources.
A site plan is required for and shall accompany the applications for:
A.
Zoning compliance permits for:
1.
Any proposed construction.
2.
Any commencement of a new use.
3.
Any proposed change in use.
B.
Conditional use permit.
C.
Variances.
D.
Class A non-conforming use designation or continued use of a non-conforming structure or use.
E.
Any other request for zoning status where the zoning administrator determines a site plan is necessary for accurate review or documentation of the existing development.
A.
Site plans for single- and two-family dwellings, residential accessory uses and structures and agricultural buildings shall be required at the discretion of the zoning administrator.
B.
A site plan for single- and two-family dwellings, residential accessory uses and structures, and agricultural buildings shall show the following information:
1.
A legal description of the site.
2.
All lot lines and dimensions of the lot.
3.
All roads and easements.
4.
All existing and proposed buildings shall be shown and labeled.
5.
Proposed use of each building
6.
Distances between buildings and all lot lines.
7.
Building dimensions.
8.
Natural features affecting development (rock, water, etc.).
9.
Well and septic locations.
10.
A north arrow and scale.
11.
The actual dimensions of the proposed developed area (as shown by a licensed surveyor, engineer, architect, or registered landscape architect, with the survey stakes visible) showing the relationship of the subject property to abutting properties. This requirement is at the discretion of the zoning administrator.
C.
The site plan may be drawn on the application form or on a separate sheet of paper.
A.
A site plans for commercial and industrial uses, multiple-family residential developments, parking lots, and all other developments shall show the following:
1.
A scale adequate to illustrate the proposed activity and all information required by this section.
2.
A legal description and street address of the property; the name, address and telephone number of the owner, developer and/or designer.
3.
North arrow and date the site plan was prepared.
4.
The actual dimensions of the proposed developed area (as shown by a licensed surveyor, engineer, architect, or registered landscape architect, with the survey stakes visible) showing the relationship of the subject property to abutting properties.
5.
The location of all existing and proposed structures, including signs, on the subject property and all existing structures on land immediately adjacent to the site within 100 feet of the site's parcel lines.
6.
The dimensions of all existing and proposed structures, including height.
7.
Distances between all existing and proposed structures and all lot lines.
8.
Use(s) of all existing or proposed structures on the property.
9.
The location and dimensions of all existing and proposed ingress/egress points, sidewalks, driveways and parking areas on the subject property.
10.
The location and all road right-of-way widths of all abutting streets, alleys, and private easements located within or abutting the property. Named streets and roads should be labeled.
11.
The location of existing ingress/egress points, driveways, streets, roads and/or alleys within 500 feet of the boundary of the property.
12.
The location of the proposed planting and screening, fencing, signs and advertising features.
13.
The size and location of all existing and proposed public and private utilities and required landscaping.
14.
The location of natural features affecting development, such as rock outcrops, water, wetland, etc.
15.
Location of all existing and proposed surface water impoundments and surface water drainage pattern.
16.
The location and extent of any planned earth movement. Indicate status of any necessary permits, such as soil erosion and sedimentation permits, wetlands permit, etc.
17.
Provisions for the maintenance and responsibility of common areas.
18.
Requisites for future maintenance, repair and snow removal on streets, roads, parking areas and sidewalks.
19.
Any other information necessary, in the opinion of the zoning administrator, to establish compliance with this Ordinance or any other applicable ordinance.
B.
Site plans for section 1104 shall be drawn on a sheet of paper measuring not more than 24 inches by 36 inches, drawn to a scale not smaller than 40 feet to the inch and certified by a registered land surveyor, professional engineer or architect.
A.
Three copies of the site plan shall be provided to the zoning administrator. If the site plan has been prepared in digital format (.dwg, .dxf, etc.), a digital copy shall also be provided.
B.
Upon receipt of a section 1103 site plan, the zoning administrator shall within ten working days determine whether it is in proper form and contains all of the required information. The zoning administrator shall review the site plan to determine compliance with this Ordinance, other ordinances of the City of Norway, and adequacy of municipal utility service. If found to be satisfactory, the zoning administrator shall issue a zoning compliance permit within ten working days.
C.
For section 1104 site plans the zoning administrator shall determine whether it is in proper form and contains all of the required information. An administratively complete application shall be noted as such by the zoning administrator, and the applicant shall be advised of this determination and its date in writing.
The zoning administrator shall review the site plan and shall act on all site plans within 30 days of the date of determination that the application is administratively complete.
D.
The zoning administrator will consider all site plans submitted to it for approval, revision or disapproval administratively:
1.
When the zoning administrator determines the site plan is in compliance with the Zoning Ordinance and other regulations, he/she shall so indicate on the site plan and in a memo to the applicant, with a copy provided to the planning commission.
2.
When the zoning administrator determines the site plan is in compliance, except with minor revisions, the noted changes shall be so indicated on the plan. When these changes have been adequately addressed, the applicant shall resubmit a revised site plan to the zoning administrator for final approval.
3.
When the zoning administrator determines extensive revisions to the site plan are necessary to meet the Zoning Ordinance and other applicable regulations, the site plan shall be disapproved and the applicant requested to prepare an alternative site plan. In this case the word "disapproval" shall be written on the plan and reasons for disapproval indicated in the zoning administrator's memo.
E.
The zoning administrator, planning commission, and zoning board of appeals shall use the standards of section 1107 in their review.
F.
Either the zoning administrator or the applicant may request in writing that a site plan be considered and reviewed by the planning commission. In this case, the zoning administrator shall first determine whether the application is administratively complete and the applicant shall be advised of this determination and its date in writing. The planning commission shall review the site plan at their next regularly scheduled meeting, provided the zoning administrator and city staff, as may be appropriate to the case, have had time to prepare comments. The planning commission shall act on all site plans referred to it within 60 days of the date of determination that the application is administratively complete.
G.
The proposer may appeal any denial to the zoning board of appeals.
H.
Upon completion of a development, at the discretion of the zoning administrator, an as-built site plan may be required.
A.
Amendments to an approved site plan may be made by the zoning administrator provided such changes conform to this Ordinance and the applicant agrees.
B.
Minor changes to an approved site plan may be made by the zoning administrator after construction has begun provided that:
1.
There is no significant change in the use or character of the development.
2.
There is no increase in the overall lot coverage of the structures.
3.
There is no significant increase in the intensity of use.
4.
There is no reduction in the required open space.
5.
There are no reductions in the required off-street parking and loading.
6.
There is no reduction in pavement widths or utility pipe sizes.
7.
There is no significant increase in traffic on public streets or an increase in the burden on public utilities or services.
C.
Significant changes which will affect and cause a change in the use, character, or intent of the development, an increase in the intensity of use, changes in the overall coverage of the structures, or problems of traffic circulation, utility services, or similar services, or a reduction in the approved open space, off-street parking and loading space, or pavement width requirements must be authorized by the zoning administrator. Review of the changes must be made in the same manner as the original site plan.
D.
Changes which are approved by either the zoning administrator or the planning commission must be recorded in the zoning book of orders.
A.
The site plan shall be reviewed by the zoning administrator and/or the planning commission for compliance with the following standards:
1.
All elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of lot, the character of adjoining property and the type and size of buildings. The site will be developed so not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this Ordinance.
2.
The landscaping shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal, and by topographic modifications which result in maximum harmony with adjacent areas.
3.
Special attention shall be given to proper site surface drainage so that removal of storm waters will not adversely affect neighboring properties.
4.
The site plan shall provide reasonable visual and auditory privacy for all dwelling units located therein. Fences, walks, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and for the privacy of its occupants.
5.
All buildings or groups of buildings shall be arranged to permit emergency vehicle access to all sides of each building.
6.
All buildings or groups of buildings shall be arranged to permit the efficient movement of traffic on the site.
7.
Parking on the site shall be located so not to impede traffic flow or create an unsafe dangerous situation for motorist or pedestrians. Parking spaces shall be conveniently located near the entrances to the building.
8.
Every structure or dwelling shall have access to a street, walkway or other area for common use.
9.
In areas of residential development and significant pedestrian use, streets and roadways shall have a sidewalk at least four feet in width on at least one side of the street or roadway. A planting strip of at least two feet shall separate the sidewalk from the roadway. This standard may be modified by the zoning administrator based on site specifics.
10.
As an alternative to sidewalks, a pathway/walkway may be constructed to accommodate pedestrian/non-motorized use. The pathway/walkway shall be at least four feet in width and convenient for pedestrian use. Depending on the expected traffic volume, the pathway/walkway could be on the side of the road, striped to separate vehicle traffic from pedestrian/non-motorized use.
11.
All loading or unloading and outside storage areas, including areas for storage of trash, which face or are visible from residential properties, abut a residential zone or public thoroughfares, shall be screened by a vertical fence consisting of structural (fence) or plant materials no less than six feet in height with an opacity of at least 75 percent.
12.
Exterior lighting shall be so arranged that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets. Flashing or intermittent lights shall not be permitted.
13.
The arrangement of public and common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets, sidewalks and non-motorized pathways in the area. Streets and drives which are part of an existing or planned street pattern which serves adjacent development shall be of a width appropriate to the traffic volume they will carry and shall be in compliance with the requirements of the Michigan Department of Transportation and the City of Norway. Driveways and ingress/egress points shall be planned and arranged so as to provide for the safe and efficient movement of traffic.
14.
Site plans shall conform to all applicable requirements of state and federal statutes and approval may be conditioned upon the applicant receiving necessary state and/or federal permits before final site plan approval or a zoning compliance permit is granted.
A.
Prior to the issuance of any building permit for any building other than a single-family home or duplex, and prior to the signing of the final plat by the city clerk in a platted subdivision, or prior to the issuance of any building permit for any building in a site condominium project, or prior to the issuance of a certificate of occupancy for any other development which requires site plan review under this Ordinance, the applicant for same shall provide to the city the following:
1.
A completion guarantee deposit to the city. Said deposit shall guarantee completion of all site improvements shown on the approved final site plan or final preliminary plat. For the purpose of this section, completion shall mean inspection by the appropriate city officials and/or other government agencies for compliance with the final site plan approved by the zoning administrator or planning commission or preliminary plat finally approved by the city council and, not less than six months after all site plan or plate improvements have been installed.
B.
Site improvements shall mean, but not be limited to, drives and streets, curbs and gutters, sidewalks, water and sanitary sewer systems, drainage facilities and retention/ detention basins, final grading and swales, retaining walls, landscaping and parking lots.
C.
The minimum amount of the guarantee shall be as follows:
1.
Residential projects, except single-family homes and duplexes: $500.00 per dwelling unit, but not less than $20,000.00.
2.
Non-residential projects: $20,000.00.
D.
In the event that the applicant fails to correct any deficiencies within 30 days of written notice from the city, the city shall have the authority to use the guarantee to complete the site improvements, or repairs to said improvements, within a period of nine months following the issuance of the last certificate of occupancy unless good cause can be shown by the applicant for the delay in completion. The city may, at its sole discretion, agree in writing to a specific extension of the nine month period. The city may use the completion guarantee to hire subcontractors to complete work, fund inspections and for the administration of the required work, including legal fees.
E.
The guarantee, or portion thereof, shall be promptly released upon the inspection and approval of all improvements in compliance with the approved final site plan or conditional use permit and all applicable City standards and specifications. Portions of the guarantee may be released in not more than three installments, provided:
1.
The project or approved phase of a project has been completed for six months and the improvements for which the release is requested have been inspected and approved in accordance with the above standards, and the remaining balance is sufficient to cover the remaining improvements, including administrative and contingency expenses.
2.
This guarantee shall not be reduced below the minimum amount required in paragraph B above.
F.
Types of completion guarantees. The applicant may provide a guarantee in the form of a cash deposit or certified check, or in the form of a surety bond or letter or credit in a form acceptable to the city. Surety bonds and letters of credit shall be valid for a period of one year past the anticipated request for the last certificate of occupancy for the entire project and shall contain language acceptable to the city that states that unless the bond or letter of credit is released by the city, that 30 days prior to its expiration the bond or letter of credit shall automatically renew for one year periods unless the issuer of the security sends by certified mail to the city a notice of its intention to not renew the financial security not less than 60 days prior to the expiration of security.
SITE PLAN REVIEW
It is the purpose of this article to require site plan review approval for all buildings, structures and uses that can be expected to have a significant impact on natural resources, traffic patterns, adjacent parcels and the character of future development. The regulations contained herein are intended to provide and promote the orderly development of the City of Norway; safe and convenient traffic movement, both within a site and in relation to access streets; the stability of land values and investments by preventing the impairment or depreciation of land values and development, by the erection of structures or additions or alterations thereto, without proper attention to setting or to unsightly or undesirable appearances; harmonious relationship to buildings, other structures and uses, both within a site and/or adjacent sites; and the conservation of natural amenities and resources.
A site plan is required for and shall accompany the applications for:
A.
Zoning compliance permits for:
1.
Any proposed construction.
2.
Any commencement of a new use.
3.
Any proposed change in use.
B.
Conditional use permit.
C.
Variances.
D.
Class A non-conforming use designation or continued use of a non-conforming structure or use.
E.
Any other request for zoning status where the zoning administrator determines a site plan is necessary for accurate review or documentation of the existing development.
A.
Site plans for single- and two-family dwellings, residential accessory uses and structures and agricultural buildings shall be required at the discretion of the zoning administrator.
B.
A site plan for single- and two-family dwellings, residential accessory uses and structures, and agricultural buildings shall show the following information:
1.
A legal description of the site.
2.
All lot lines and dimensions of the lot.
3.
All roads and easements.
4.
All existing and proposed buildings shall be shown and labeled.
5.
Proposed use of each building
6.
Distances between buildings and all lot lines.
7.
Building dimensions.
8.
Natural features affecting development (rock, water, etc.).
9.
Well and septic locations.
10.
A north arrow and scale.
11.
The actual dimensions of the proposed developed area (as shown by a licensed surveyor, engineer, architect, or registered landscape architect, with the survey stakes visible) showing the relationship of the subject property to abutting properties. This requirement is at the discretion of the zoning administrator.
C.
The site plan may be drawn on the application form or on a separate sheet of paper.
A.
A site plans for commercial and industrial uses, multiple-family residential developments, parking lots, and all other developments shall show the following:
1.
A scale adequate to illustrate the proposed activity and all information required by this section.
2.
A legal description and street address of the property; the name, address and telephone number of the owner, developer and/or designer.
3.
North arrow and date the site plan was prepared.
4.
The actual dimensions of the proposed developed area (as shown by a licensed surveyor, engineer, architect, or registered landscape architect, with the survey stakes visible) showing the relationship of the subject property to abutting properties.
5.
The location of all existing and proposed structures, including signs, on the subject property and all existing structures on land immediately adjacent to the site within 100 feet of the site's parcel lines.
6.
The dimensions of all existing and proposed structures, including height.
7.
Distances between all existing and proposed structures and all lot lines.
8.
Use(s) of all existing or proposed structures on the property.
9.
The location and dimensions of all existing and proposed ingress/egress points, sidewalks, driveways and parking areas on the subject property.
10.
The location and all road right-of-way widths of all abutting streets, alleys, and private easements located within or abutting the property. Named streets and roads should be labeled.
11.
The location of existing ingress/egress points, driveways, streets, roads and/or alleys within 500 feet of the boundary of the property.
12.
The location of the proposed planting and screening, fencing, signs and advertising features.
13.
The size and location of all existing and proposed public and private utilities and required landscaping.
14.
The location of natural features affecting development, such as rock outcrops, water, wetland, etc.
15.
Location of all existing and proposed surface water impoundments and surface water drainage pattern.
16.
The location and extent of any planned earth movement. Indicate status of any necessary permits, such as soil erosion and sedimentation permits, wetlands permit, etc.
17.
Provisions for the maintenance and responsibility of common areas.
18.
Requisites for future maintenance, repair and snow removal on streets, roads, parking areas and sidewalks.
19.
Any other information necessary, in the opinion of the zoning administrator, to establish compliance with this Ordinance or any other applicable ordinance.
B.
Site plans for section 1104 shall be drawn on a sheet of paper measuring not more than 24 inches by 36 inches, drawn to a scale not smaller than 40 feet to the inch and certified by a registered land surveyor, professional engineer or architect.
A.
Three copies of the site plan shall be provided to the zoning administrator. If the site plan has been prepared in digital format (.dwg, .dxf, etc.), a digital copy shall also be provided.
B.
Upon receipt of a section 1103 site plan, the zoning administrator shall within ten working days determine whether it is in proper form and contains all of the required information. The zoning administrator shall review the site plan to determine compliance with this Ordinance, other ordinances of the City of Norway, and adequacy of municipal utility service. If found to be satisfactory, the zoning administrator shall issue a zoning compliance permit within ten working days.
C.
For section 1104 site plans the zoning administrator shall determine whether it is in proper form and contains all of the required information. An administratively complete application shall be noted as such by the zoning administrator, and the applicant shall be advised of this determination and its date in writing.
The zoning administrator shall review the site plan and shall act on all site plans within 30 days of the date of determination that the application is administratively complete.
D.
The zoning administrator will consider all site plans submitted to it for approval, revision or disapproval administratively:
1.
When the zoning administrator determines the site plan is in compliance with the Zoning Ordinance and other regulations, he/she shall so indicate on the site plan and in a memo to the applicant, with a copy provided to the planning commission.
2.
When the zoning administrator determines the site plan is in compliance, except with minor revisions, the noted changes shall be so indicated on the plan. When these changes have been adequately addressed, the applicant shall resubmit a revised site plan to the zoning administrator for final approval.
3.
When the zoning administrator determines extensive revisions to the site plan are necessary to meet the Zoning Ordinance and other applicable regulations, the site plan shall be disapproved and the applicant requested to prepare an alternative site plan. In this case the word "disapproval" shall be written on the plan and reasons for disapproval indicated in the zoning administrator's memo.
E.
The zoning administrator, planning commission, and zoning board of appeals shall use the standards of section 1107 in their review.
F.
Either the zoning administrator or the applicant may request in writing that a site plan be considered and reviewed by the planning commission. In this case, the zoning administrator shall first determine whether the application is administratively complete and the applicant shall be advised of this determination and its date in writing. The planning commission shall review the site plan at their next regularly scheduled meeting, provided the zoning administrator and city staff, as may be appropriate to the case, have had time to prepare comments. The planning commission shall act on all site plans referred to it within 60 days of the date of determination that the application is administratively complete.
G.
The proposer may appeal any denial to the zoning board of appeals.
H.
Upon completion of a development, at the discretion of the zoning administrator, an as-built site plan may be required.
A.
Amendments to an approved site plan may be made by the zoning administrator provided such changes conform to this Ordinance and the applicant agrees.
B.
Minor changes to an approved site plan may be made by the zoning administrator after construction has begun provided that:
1.
There is no significant change in the use or character of the development.
2.
There is no increase in the overall lot coverage of the structures.
3.
There is no significant increase in the intensity of use.
4.
There is no reduction in the required open space.
5.
There are no reductions in the required off-street parking and loading.
6.
There is no reduction in pavement widths or utility pipe sizes.
7.
There is no significant increase in traffic on public streets or an increase in the burden on public utilities or services.
C.
Significant changes which will affect and cause a change in the use, character, or intent of the development, an increase in the intensity of use, changes in the overall coverage of the structures, or problems of traffic circulation, utility services, or similar services, or a reduction in the approved open space, off-street parking and loading space, or pavement width requirements must be authorized by the zoning administrator. Review of the changes must be made in the same manner as the original site plan.
D.
Changes which are approved by either the zoning administrator or the planning commission must be recorded in the zoning book of orders.
A.
The site plan shall be reviewed by the zoning administrator and/or the planning commission for compliance with the following standards:
1.
All elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of lot, the character of adjoining property and the type and size of buildings. The site will be developed so not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this Ordinance.
2.
The landscaping shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal, and by topographic modifications which result in maximum harmony with adjacent areas.
3.
Special attention shall be given to proper site surface drainage so that removal of storm waters will not adversely affect neighboring properties.
4.
The site plan shall provide reasonable visual and auditory privacy for all dwelling units located therein. Fences, walks, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and for the privacy of its occupants.
5.
All buildings or groups of buildings shall be arranged to permit emergency vehicle access to all sides of each building.
6.
All buildings or groups of buildings shall be arranged to permit the efficient movement of traffic on the site.
7.
Parking on the site shall be located so not to impede traffic flow or create an unsafe dangerous situation for motorist or pedestrians. Parking spaces shall be conveniently located near the entrances to the building.
8.
Every structure or dwelling shall have access to a street, walkway or other area for common use.
9.
In areas of residential development and significant pedestrian use, streets and roadways shall have a sidewalk at least four feet in width on at least one side of the street or roadway. A planting strip of at least two feet shall separate the sidewalk from the roadway. This standard may be modified by the zoning administrator based on site specifics.
10.
As an alternative to sidewalks, a pathway/walkway may be constructed to accommodate pedestrian/non-motorized use. The pathway/walkway shall be at least four feet in width and convenient for pedestrian use. Depending on the expected traffic volume, the pathway/walkway could be on the side of the road, striped to separate vehicle traffic from pedestrian/non-motorized use.
11.
All loading or unloading and outside storage areas, including areas for storage of trash, which face or are visible from residential properties, abut a residential zone or public thoroughfares, shall be screened by a vertical fence consisting of structural (fence) or plant materials no less than six feet in height with an opacity of at least 75 percent.
12.
Exterior lighting shall be so arranged that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets. Flashing or intermittent lights shall not be permitted.
13.
The arrangement of public and common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets, sidewalks and non-motorized pathways in the area. Streets and drives which are part of an existing or planned street pattern which serves adjacent development shall be of a width appropriate to the traffic volume they will carry and shall be in compliance with the requirements of the Michigan Department of Transportation and the City of Norway. Driveways and ingress/egress points shall be planned and arranged so as to provide for the safe and efficient movement of traffic.
14.
Site plans shall conform to all applicable requirements of state and federal statutes and approval may be conditioned upon the applicant receiving necessary state and/or federal permits before final site plan approval or a zoning compliance permit is granted.
A.
Prior to the issuance of any building permit for any building other than a single-family home or duplex, and prior to the signing of the final plat by the city clerk in a platted subdivision, or prior to the issuance of any building permit for any building in a site condominium project, or prior to the issuance of a certificate of occupancy for any other development which requires site plan review under this Ordinance, the applicant for same shall provide to the city the following:
1.
A completion guarantee deposit to the city. Said deposit shall guarantee completion of all site improvements shown on the approved final site plan or final preliminary plat. For the purpose of this section, completion shall mean inspection by the appropriate city officials and/or other government agencies for compliance with the final site plan approved by the zoning administrator or planning commission or preliminary plat finally approved by the city council and, not less than six months after all site plan or plate improvements have been installed.
B.
Site improvements shall mean, but not be limited to, drives and streets, curbs and gutters, sidewalks, water and sanitary sewer systems, drainage facilities and retention/ detention basins, final grading and swales, retaining walls, landscaping and parking lots.
C.
The minimum amount of the guarantee shall be as follows:
1.
Residential projects, except single-family homes and duplexes: $500.00 per dwelling unit, but not less than $20,000.00.
2.
Non-residential projects: $20,000.00.
D.
In the event that the applicant fails to correct any deficiencies within 30 days of written notice from the city, the city shall have the authority to use the guarantee to complete the site improvements, or repairs to said improvements, within a period of nine months following the issuance of the last certificate of occupancy unless good cause can be shown by the applicant for the delay in completion. The city may, at its sole discretion, agree in writing to a specific extension of the nine month period. The city may use the completion guarantee to hire subcontractors to complete work, fund inspections and for the administration of the required work, including legal fees.
E.
The guarantee, or portion thereof, shall be promptly released upon the inspection and approval of all improvements in compliance with the approved final site plan or conditional use permit and all applicable City standards and specifications. Portions of the guarantee may be released in not more than three installments, provided:
1.
The project or approved phase of a project has been completed for six months and the improvements for which the release is requested have been inspected and approved in accordance with the above standards, and the remaining balance is sufficient to cover the remaining improvements, including administrative and contingency expenses.
2.
This guarantee shall not be reduced below the minimum amount required in paragraph B above.
F.
Types of completion guarantees. The applicant may provide a guarantee in the form of a cash deposit or certified check, or in the form of a surety bond or letter or credit in a form acceptable to the city. Surety bonds and letters of credit shall be valid for a period of one year past the anticipated request for the last certificate of occupancy for the entire project and shall contain language acceptable to the city that states that unless the bond or letter of credit is released by the city, that 30 days prior to its expiration the bond or letter of credit shall automatically renew for one year periods unless the issuer of the security sends by certified mail to the city a notice of its intention to not renew the financial security not less than 60 days prior to the expiration of security.