The Zoning Administrator shall require that all applications for certificates of zoning compliance be accompanied by a description of the proposed use, plans, specifications, including a dimensional plot plan or site plan, or any other information requested by the Zoning Administrator. The Zoning Administrator may waive information requirements that do not affect compliance with the chapter. The Zoning Administrator shall retain the original documents in accordance with the Township's document retention policy.

Where a building permit is required, application for a certificate of zoning compliance shall accompany or precede the application for a building permit. In all other cases, the application for a certificate of zoning compliance shall be made prior to the date when a new or enlarged use of a building or lot or part thereof is intended to begin.

Applications for certificates of zoning compliance shall be made to the Zoning Administrator.

No lot, building, or structure, or any part thereof shall be occupied by or for any use for which a certificate of zoning compliance is required by this chapter unless and until a certificate of occupancy has been issued for such use. No change in use other than that of a permitted use shall be made until a certificate of zoning compliance has been issued by the Zoning Administrator. Every certificate of zoning compliance shall state that the use or occupancy complies with this chapter.

No occupancy certificate for a building or structure or any addition thereto, constructed after the effective date of this chapter, shall be issued until construction has been completed and the premises inspected and certified by the Zoning Administrator to be in conformity with the plans and specifications as specified in the approved site plan and/or building permit and the premises meets the minimum occupancy requirements as specified in the Engineering Standards.

The holder of a certificate of zoning compliance for the construction, erection, or moving of any building, structure, or part thereof, or for the establishment of a use, shall notify the Zoning Administrator immediately upon the completion of the work authorized by such certificate for final inspection. The certificate of occupancy shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than 14 days after the Zoning Administrator is notified in writing that the building or premises is ready for inspection.

Any certificate of zoning compliance granted under this chapter shall become null and void unless construction and/or use is commenced within 180 days and completed within 545 days of the date of issuance.

Any certificate of occupancy granted under this chapter shall become null and void if such use(s), building(s), and/or structure(s) for which said certificate was issued are found by the Zoning Administrator to be in violation of this chapter.

At least 15 days before the hearing, notices shall be mailed or hand-delivered to the following:

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 persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.

The notice under § 40-3.05 is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service, or other public or private delivery service. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.

Requirements for individual notice to property owners shall not apply to chapter text amendments.

Requirement for individual notice, as set forth in § 40-3.05B does not apply to any group of adjacent properties numbering 11 or more that is proposed for rezoning.

Describe the nature of the request.

Identify any property that is the subject of the request. The notice shall include a listing of all existing street addresses and/or parcel ID numbers within the property. If there are no street addresses, other means of identification (including illustrations) may be used.

State when and where the request will be considered.

Indicate when and where written comments will be received concerning the request.

In the interest of ensuring compliance with the provisions of this chapter, protecting the natural resources and the health, safety, and welfare of the residents of the Township and future users or inhabitants of an area for which a site plan for a proposed use has been submitted, the Township may require the applicant to deposit a performance guarantee for any or all site improvements required by this chapter. The purpose of the performance guarantee is to ensure completion of improvements connected with the proposed use as required by this chapter, including but not limited to roadways, lighting, utilities, sidewalks, drainage, fences, walls, screens, and landscaping.

A performance guarantee shall be in conformance with the requirements of § 40-3.09D(5). The Township may employ the Township Engineer and/or other Township staff/consultants to review cost estimates and conduct periodic inspections of the progress of improvements.

When a performance guarantee is required, said performance guarantee shall be deposited with the Township prior to the issuance of a building permit for the development and use of the land. Upon the deposit of the performance guarantee, the Township shall issue the appropriate building permit, and the Township shall thereafter deposit the performance guarantee, in the form of a cash deposit, certified check or surety bond.

At the time the performance guarantee is deposited with the Township and prior to the issuance of a building permit, the applicant shall enter into an agreement with the Township incorporating the performance guarantee provisions.

The agreement shall also prescribe the period of time within which the improvements for which the performance guarantee has been required are to be completed. The period will begin from the date of the issuance of the building or other permit.

In the event the performance guarantee deposited is a cash deposit or a certified check, the Township shall rebate to the applicant, upon request from the applicant, 50% of the deposited funds when the applicant has completed 75% of the required improvements as confirmed by the Township. The remaining 50% of the deposited funds shall be returned when the applicant has completed 100% of the required improvements and there is compliance with the chapter as confirmed by the Township.

In the event the applicant defaults in making the improvements for which the performance guarantee was required within the time period established by the Township, the Township shall have the right to use the performance guarantee deposited and any interest earned thereon to complete the improvements through contract or otherwise, including specifically the right to enter upon the subject property to make the improvements.

If the performance guarantee is not sufficient to allow the Township to complete the improvements for which such guarantee was posted, the applicant shall be required to pay the Township the amount the cost of completing the improvements exceeds the amount of the performance guarantee, or a portion thereof, to complete the required improvements. Any amounts remaining after said completion shall be applied first to the Township's administrative costs including, without limitation, attorney fees, planning consultant fees, and engineering consultant fees in completing the improvement with any balance remaining being refunded to the applicant.

Prior to the issuance of any building permit for any building, and prior to signing of the final plat by the Township 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 issuance of a certificate of occupancy for any other development which requires site plan review under this chapter, the applicant shall provide to the Township the following:

"Site improvements" means, but is not 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.

In the event the applicant fails to correct any deficiencies within 30 days of written notice from the Township, the Township 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 Township may, at its sole discretion, agree in writing to a specific extension of the nine-month period. The Township may use the completion guarantee to hire subcontractors to complete work, fund inspections and for the administration of the required work including legal fees.

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 Township standards and specifications. Portions of the guarantee may be released, in not more than three installments, provided that 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.

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 of credit in a form acceptable to the Township. 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 Township that states that unless the bond or letter of credit is released by the Township, 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 Township a notice of its intention not to renew the financial security not less than 60 days prior to the expiration of the security.

A survey of the acreage involved in the proposed development.

A description of the ownership of the subject property.

A land use description, including a specific description of the proposed uses, density, lot dimensions, setbacks, and other dimensional standards.

Proposed method of dedication or mechanism to protect areas designated as common areas, open spaces, or conservation areas.

Description of required improvements to common areas, recreational facilities, and nonmotorized pathways.

General description of any improvements to roads or utilities.

Mechanisms to ensure the continued maintenance of common areas, including but not limited to roadways, sidewalks, lighting, landscaping, utilities, and other site improvements.

Provisions assuring that open space areas shown on the plan for use by the public or residents of the development will be irrevocably committed for that purpose. The Township may require conveyances or other documents to be placed in escrow to accomplish this.

Provisions for the future financing of any improvement shown on the plan as site improvements, open space areas, and common areas, which are to be included within the development, and that maintenance of such improvements is assured by means satisfactory to the Township.

Provisions to ensure adequate protection of natural features.

Financial assurances in accordance with § 403.09, Performance guarantee, to guarantee the completion of all site improvements.

Requirements that the applicant maintain insurance coverage during development in amounts established by the Township, naming the Township as an additional insured, and further, required insurance provisions after the development is completed.

The site plan, conditional use, planned unit development, or conditional rezoning shall be incorporated by reference and attached as an exhibit.

Description of the timing to complete the development of the project. If the project is to be developed in phases, a time line to complete the construction of each phase.

An acknowledgement by the applicant that the terms and conditions of the approval are fair, reasonable, and equitable, and that the terms and conditions do not violate any constitutional rights, and that the applicant freely agrees to be bound by each and every condition and provision of the development agreement.