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Hancock County Overview
Hancock County, IN Code of Ordinances
HANCOCK COUNTY, INDIANA CODE OF ORDINANCES
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: BUILDING REGULATIONS
CHAPTER 151: COUNTY COMPREHENSIVE PLAN
CHAPTER 152: FLOOD HAZARD REGULATIONS
CHAPTER 153: ROAD PERMITS REGULATIONS
CHAPTER 154: STORMWATER DRAINAGE, EROSION AND SEDIMENT CONTROL REGULATIONS
CHAPTER 155: SUBDIVISION CONTROL REGULATIONS
CHAPTER 156: ZONING
APPENDIX A: ZONING MAPS
CHAPTER 157: REGULATION OF PONDS
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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APPENDIX F: PERFORMANCE BOND AGREEMENT FORM
This Performance Bond Agreement is hereby presented by (name of subdivider), the “Principal”, and
                  (name of bonding company), the "Surety Company"
to the Hancock County Board of Commissioners (the "Board") this          day of           20   , for purposes of obtaining the Board's signature on
                        Section            of (name of subdivision), the "Subdivision"
located in Hancock County, Indiana.
WITNESSETH:
WHEREAS, the Principal has petitioned for and conditionally received Primary Plat approval by the Plan Commission on          day of            , 20     for the Subdivision; and
WHEREAS, the installation of improvements required by the Plan Commission and the Hancock County Code as a condition of approval of the Primary Plat have not been completed, constructed, and installed; and
WHEREAS, the Principal now desires recordation of the Subdivision plat prior to the installation of improvements required by the Plan Commission and the Hancock County Code; and
WHEREAS, the Surety Company has pledged a performance bond(s) (attached) for the actions of the Principal for the completion, construction, and installation of the improvements required by the Plan Commission and the Hancock County Code; and
WHEREAS, the terms and provisions of the performance bond(s) shall remain in full force and effect until such time when the Board has executed a written Release of Performance Bond; and
WHEREAS, the Surety Company and Principal agree that the covenants contained herein shall (i) run with the land and (ii) jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns to the Hancock County Plan Commission and Board of Commissioners jointly and severally for the completion, construction, and installation of the improvements required by the Plan Commission and the Hancock County Code.
NOW, THEREFORE, the Principal agrees to the following obligations for the completion, construction, and installation of the improvements related to the development of the Subdivision:
   (1)   The Principal shall construct, install, and complete the following required improvements and installations for the Subdivision in compliance with all requirements, standards and specifications of the Hancock County Code and other applicable ordinances and regulations of the County within 12 months from the date on which the Board signs the Secondary Plat:
         Check all items below covered by the performance bond(s) relating to paragraph (1), above and list dollar amount with bond number:
         Bond Type               Dollar Amount         Bond Number
         Asphalt — Surface Course                                                                 
          Monuments & Markers                                                                 
          Permanent Seeding                                                                   
          Landscaping                                                                       
          Multi-Use Paths                                                                   
          Pipe Grouting                                                                       
                                                                                                      
                                                                                                      
   (2)   The Principal shall construct, install and complete the following required improvements and installations for the Subdivision in compliance with all requirements of the Hancock County Code and other applicable ordinances and regulations of the County according to either a or b, below, whichever occurs first:
         (a)   No less than 36 months from the date on which the Board signs the Secondary Plat.
         (b)   When building permits have been issued for 80% of the lots shown on the Secondary Plat.
         Check all items below covered by the performance bond(s) relating to paragraph (2), above and list dollar amount with bond number:
         Bond Type               Dollar Amount          Bond Number
          Sidewalks                                                                       
          Street Lights                                                                       
          Asphalt — Surface Course                                                                  
                                                                                                         
                                                                                                      
   (3)   The Principal shall, upon completion of the improvements and installations in paragraphs (1) and (2) above, but prior to acceptance thereof for public maintenance by the County, provide a maintenance bond(s) for a period of not less than 36 months in the amount of not less than 25% of the performance bond(s).
   (4)   Upon receipt by the Surety Company of written notice from the Board stating that the Principal has failed to complete, construct and install the improvements and installations required by the Plan Commission and the Hancock County Code, the Surety Company shall, at the option and direction of the County, promptly and at the Surety Company's expense take one of the following actions:
         (a)   Arrange for the Principal, with written consent of the Board, to perform and complete the construction and installation of the improvements and installations required by the Plan Commission and Hancock County Code;
         (b)   Undertake to perform and complete the construction and installation of the improvements and installations required by the Plan Commission and Hancock County Code; or
         (c)   Make payment to the County in the amount to be incurred by the County to complete the construction and installation of improvements and installations required by the Plan Commission and Hancock County Code. The amount of the performance bond(s) shall be credited for any payments made in good faith by the Surety Company, provided that the Surety Company's obligations under this paragraph (4)(c) shall not exceed $                    in the aggregate.
   (5)   If the Surety Company does not proceed as provided above with reasonable promptness, but in all events within thirty (30) days, the Surety Company shall be deemed to be in default on the performance bond(s) fifteen (15) days after receipt of an additional written notice from the Board to the Surety Company demanding that the Surety Company perform its obligations under the performance bond(s), the County shall be entitled to enforce any remedy available to the County.
   (6)   Upon compliance with the terms and provisions of the performance bond(s) and the execution of a written Release of Performance Bond by the Board, the performance bond(s) shall become null and void.
IN WITNESS WHEREOF, the undersigned have executed this instrument this         day of              , 20     .
By:                                                       By:                                            
   Name of Subdivider                  Name of Surety Company
                                                                                                
   Signature of Principal                  Signature of Attorney-in-Fact
                                                                                                  
   Printed                        Printed
                                                                                                   
   Title                        Title
                                                                                                 
   Notice of Address                     Notice of Address
 
By: HANCOCK COUNTY                        ATTEST:
BOARD OF COMMISSIONERS
                                                                                                  
                                                                                    , Auditor
                                      
Attached: Executed Performance Bond(s)
(Ord. 1993-9G, passed 9-27-93; Am. Ord. 2003-10F, passed 10-12-03)
APPENDIX G: PERFORMANCE BOND FORM
(Submitted on letterhead of Surety Company with executed power-of-attorney form attached.)
Bond No. & Rating:                                      
Project Name/Section:                                    
KNOW ALL MEN BY THESE PRESENTS: That We, the undersigned: (Developer and Contractor or Developer, only) (Street Address) (City, State, Zip), as principal and (Surety Name and Address), as Surety, are held and firmly bound unto the County of Hancock, Indiana, (hereinafter called the "Obligee") as Obligee, in the sum of (amount) dollars ($ dollar amount), in lawful current money of the United States, for which payment will and truly be made, we bind ourselves, our heirs, successors, executors, and assigns, jointly and severally, firmly by these presents.
   SEALED WITH OUR SEALS AND DATED THIS             DAY OF                      , 20     .
THE CONDITIONS of this obligation are such that:
   WHEREAS, the Principal has entered into an Agreement (attached) with the Obligee for the installation of the following physical improvements:
      Asphalt Surfacing                     Landscaping
      Survey Monuments & Markers               Multi-Use Paths
      Permanent Seeding                     Pipe Grouting
                                                    
      Sidewalks                        Streetlights
                                                    
as required by the Hancock County Plan Commission, Chapter 155 of the Hancock County Code in accordance with all the provisions of the ordinances, rules, and regulations of the County of Hancock, Indiana.
NOW THEREFORE, if the said Principal, hereinbefore set forth, shall fully and faithfully perform all the work specified to be done and performed by said Agreement between said Principal of the bond and the Hancock County Board of Commissioners, in accordance with this Agreement, which Agreement is made part hereof by reference, the same as if fully incorporated herein; then this obligation shall be void and of no further legal effect; otherwise, this bond shall remain in full force and effect in law.
However, upon default by the Principal in completing the required improvements as specified herein in accordance with the aforementioned Agreement, the Surety shall complete the improvements or pay to the County of Hancock, Indiana, a sum up to the total amount provided in the bond to complete such improvements to the satisfaction of the Hancock County Board of Commissioners. Payment shall be made upon receipt of a statement signed by an authorized signer of the Obligee, stating that: "a claim has been made and there has been a failure of the developer to comply with the terms of the construction plan requirements for the above mentioned improvements in said subdivision". Upon approval by the Hancock County Board of Commissioners, this instrument may be proportionately reduced as the improvements are completed.
It is expressly being understood and agreed that the liability of the Surety for any and all claims hereunder, shall in no event exceed the full amount of this obligation herein stated.
IN TESTIMONY WHEREOF, we have hereunto set our hands, in the presence of a Notary Public this day, month, and year above written.
By:                                                                 By:                                                    
   Company Name (Principal)                Surety Company
                                                                                                                       
   Signature                     Signature of Attorney-in-Fact
                                                                                                                     
   Type/Print Signatory's Name and Title         Type/Print Attorney-in-Fact
Subscribed and sworn before me, a Notary Public, in and for said County and State, this         day of                            , 20      .
                                                                    
                              Notary Public
                                                                     
                              County of Residence
                                                                         
                              Commission Expiration
Attached:   Executed Power of Attorney Form
      Executed Performance Bond
      Executed Performance Bond Agreement
(Ord. 1993-9G, passed 9-27-93; Am. Ord. 2003-10F, passed 10-12-03)
APPENDIX H: PERFORMANCE BOND COMPLETION AFFIDAVIT
This is to certify:
   (a)   That the following improvements as designated and engineered for:
   Section of                         of                                                
               (Name of Subdivision)
   are complete and the as-built construction plans show them to be in accordance with the specifications and requirements of Chapter 155, Title XV of the Hancock County Code;
   (b)   That surety has been posted to guarantee all materials and workmanship and to guarantee repair of any damage that may be inflicted upon the improvements listed in the course of completion of the subdivision; and
   (c)   That the Board of County Commissioners of Hancock County have accepted these improvements subject to the terms of the Maintenance Bond Agreement with the subdivider (attached).
(LIST IMPROVEMENTS)
                  
                  
                  
                  
   BOARD OF COUNTY COMMISSIONERS
Attached: Executed Maintenance Bonds, Forms, and Agreement
(Ord. 1993-9G, passed 9-27-93; Am. Ord. 2003-10F, passed 10-12-03)
APPENDIX I: RELEASE OF PERFORMANCE BOND
WHEREAS, the Principal and Surety Company have posted a Performance Bond(s) for the improvements and installations (the "Improvements") required by the Hancock County Plan Commission, the Hancock County Code and all other applicable ordinances and regulations of Hancock County for Section                                of                                      ; and
(Name of Subdivision)
WHEREAS, the County of Hancock has issued a Performance Bond Completion Affidavit indicating that all Improvements have been constructed and installed in compliance with all requirements, standards, and specifications of the Plan Commission, the Hancock County Code, and all other applicable ordinances and regulations of Hancock County.
   Check all items covered by this Release:
      Asphalt Surfacing                     Landscaping
      Survey Monuments & Markers               Multi-Use Paths
      Permanent Seeding                     Pipe Grouting
                                       
      Sidewalks                        Streetlights
                                       
NOW, THEREFORE, the Performance Bond(s) issued for the above-indicated improvements is/are hereby released.
ATTEST:                        HANCOCK COUNTY BOARD
                              OF COMMISSIONERS
                                                                                                              
Auditor, Hancock County
                                                                         
                                                                         
(Ord. 1993-9G, passed 9-27-93; Am. Ord. 2003-10F, passed 10-12-03)
APPENDIX J: PLAN COMMITTEE APPROVAL CERTIFICATE
Approved by the Hancock County Plat Committee this ______________ day of _________________, 20__.
_______________________         _______________________
Plat Committee Chairperson         Plan Commission Director
(Ord. 1993-9G, passed 9-27-93)
APPENDIX K: PLAN COMMISSION TECHNICAL COMMITTEE APPROVAL CERTIFICATE
Approved by the HANCOCK COUNTY AREA PLAN COMMISSION TECHNICAL COMMITTEE this__________ day of ___________ , 20__.
(Ord. 1993-9G, passed 9-27-93)
APPENDIX L: CENTERLINE OFFSETS
 
 
(’86 Code, § 7.1-38) (Ord. 1993-9G, passed 9-27-93)
APPENDIX M: INTERSECTION DETAIL
 
(’86 Code, § 7.1-38) (Ord. 1993-9G, passed 9-27-93)
APPENDIX N: CENTERLINE DEFLECTION
 
(’86 Code, § 7.1-38) (Ord. 1993-9G, passed 9-27-93)
APPENDIX O: REVERSE CURVE TANGENT
 
(’86 Code, § 7.1-38) (Ord. 1993-9G, passed 9-27-93)
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