§ 155.161  SECONDARY APPROVAL.
   (A)   The Plan Commission may grant secondary approval of a plat under this section.
   (B)   The application for secondary approval shall:
      (1)   Be made on forms available in the office of the Clerk-Treasurer;
      (2)   Be accompanied by 7 copies of the application and any fee required by this chapter; and
      (3)   Either:
         (a)   Warrant under oath that all improvements have been completed in accordance with primary approval of plat and the requirements of the Subdivision Control Ordinance; or
         (b)   Submit an itemized list reflecting costs for satisfactory construction and completion of the subdivision plat improvements.
   (C)   Secondary approval may be granted, after expiration of the time provided for appeal (30 days) per I.C. 36-7-4-1016 and 36-7-4-1003.
   (D)   No notice or public hearing is required for secondary approval.
   (E)   Secondary approval may be granted to the plat for a subdivision in which the improvements and installments have not been completed as required by the Subdivision Control Ordinance, if the applicant provides a bond, or other proof of financial responsibility prescribed by § 155.160.
   (F)   Any money received from the bond or otherwise shall be used only for making the improvements and installments for which the bond or other proof of financial responsibility was provided. This money may be used for these purposes without appropriation. The improvement or installation must conform to the standards provided for the improvements or installations by ordinance and/or law of the Town of Beverly Shores, Porter County, or the State of Indiana.
   (G)   (1)   Prior to secondary approval the Building Commissioner shall report in writing to the Plan Commission whether all improvements and installations have been constructed and completed as required by the Subdivision Control Ordinance.
      (2)   To the extent the improvements and installations do not comply, the Building Commissioner shall state specifically in what respects the improvements and installations do not comply and submit his or her estimate of the cost of satisfactory construction and completion of the improvements assuming a completion date 2 years from the date of secondary approval.
      (3)   At all times during the development and construction of the subdivision the Building Commissioner shall have the right to inspect all construction and improvements.
   (H)   A plat of a subdivision may not be filed with the auditor, and the Recorder may not record it, unless it has been granted secondary approval and signed and certified by the Plan Commission President. The filing and recording of the plat is without legal effect unless approved by the Plan Commission.
   (I)   (1)   When a bond is required, the President and the Secretary shall endorse approval on the plat only after the bond has been approved by the Plan Commission, and all the conditions of the approval pertaining to the plat have been satisfied.
      (2)   When installation and improvement is required, the President and the Secretary shall endorse approval on the plat after all conditions of the resolution have been satisfied and all improvements satisfactorily completed.
      (3)   There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the local Superintendent of Streets and Town Attorney that the necessary dedication of public lands and improvements has been accomplished.
   (J)   (1)   President and Secretary shall sign the reproducible Mylar, tracing cloth or sepia prints of the subdivision plat and return 2 copies to the applicant, 1 of which is to be recorded with the County Recorder.
      (2)   A signed copy of the construction plans shall also be returned.
      (3)   Within 20 days of the date of signature the subdivider shall file the plat with the County Recorder, record the agreement of dedication together with the legal documents as shall be required to be recorded by the Town Attorney and deliver record marked copies of same to the Town Attorney.
(Ord. 208, passed 12-19-1983)  Penalty, see § 155.999