Yankee Springs Township
City Zoning Code

Should any article, section, subsection, clause or provision of this ordinance be declared by the courts to be invalid, such article, section, subsection, clause or provision shall not affect the validity of the ordinance in its entirety or any part thereof other than that portion so declared to be invalid.

Whenever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the highest standards, shall govern.

The Township Board shall by resolution establish a schedule of fees, charges, and expenses and a collection procedure for zoning compliance permits, appeals, special land uses, variances, site plan reviews, rezoning applications and other matters pertaining to this Ordinance. The schedule of fees shall be available at the Township Hall and may be amended by the Township Board.

All applications shall be accompanied by a filing fee established by the Township Board. The filing fee may include a deposit toward the costs of other parties retained by the Township to provide expert consultation and advice in the review of an application, including but not limited to legal, planning and engineering professionals. The amount of the deposit shall be based on a reasonable estimate to provide such services. Any unused portion of the deposit shall be returned to the applicant after the Township has paid all of the costs for consulting services. The Township may require the applicant to replenish the escrow account at any time to ensure a sufficient balance.

(Ord. No. 04-09-2026, § 2, 4-9-2026)

Editor's note— Section 22.3 was added by the editor at the direction of the township clerk.

As a condition of approval of a site plan review, special land use, or variance, or other approvals authorized by this Ordinance, the Township Board, Planning Commission, Zoning Board of Appeals, or Zoning Administrator may require a performance guarantee of sufficient sum to assure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety, and welfare of the public and of users or inhabitants of the proposed development.

The features or components, hereafter referred to as "improvements," may include, but shall not be limited to, survey monuments and irons, streets, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, paving, driveways, utilities, planned mineral removal and similar items as allowed by the Michigan Zoning Enabling Act.

Performance guarantees shall be processed in the following manner.

1.

Prior to the issuance of a zoning permit, the applicant or the applicant's agent shall submit an itemized cost estimate of the required improvements that are subject to the performance guarantee, which shall then be reviewed and approved by the Zoning Administrator.

2.

The amount of the performance guarantee shall be not more than one hundred twenty-five (125) percent of the cost of purchasing of materials and installation of the required improvements, including the cost of necessary engineering and inspection costs and a reasonable amount for contingencies. In addition, performance guarantees can cover all costs associated with the reclamation of planned mineral removal projects as well as any decommissioning costs associated with utility scale alternative energy projects.

3.

The required performance guarantee shall be payable to the Township and may be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety guarantee acceptable to the Township.

4.

The Zoning Administrator shall not sign off on the issuance of a zoning permit until all final plans, development agreements, escrow fees and any required performance guarantees are provided.

5.

The Zoning Administrator, upon the written request of the obligor and if allowed by this Ordinance, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. A portion of the performance guarantee shall be rebated in the same proportion as stated in the itemized cost estimate for the applicable improvements.

6.

When all of the required improvements have been completed, the obligor shall send written notice to the Zoning Administrator of completion of the improvements. Thereupon, the Zoning Administrator shall inspect all of the improvements and approve, partially approve, or reject the improvements with a statement of the reasons for any rejections.

7.

If partial approval is granted, the cost of the improvement rejected shall be set forth. Where partial approval is granted, the obligor shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvements not yet approved.

8.

The Zoning Administrator shall maintain a record of required performance guarantees.

(Ord. No. 04-09-2026, § 2, 4-9-2026)