The Commission shall consider approval of a final plat only after:
(A) A determination by the Commission that the final plat substantially conforms with the preliminary plat as approved and with all changes permitted and all requirements imposed as a condition of its approval;
(B) An accurate survey of the subdivision has been made and marked on the ground so that streets, blocks, lots and other divisions may be identified;
(C) Sewer and water mains to serve each lot, or in lieu of water main installation, a contract between the subdivider and the City of North Vernon or the Town of Vernon or a rural water authority, for said installation, and grading to the full width of all streets and alleys shall have been accomplished;
(D) If municipal sewer and water are not required, the installation of all other improvements as required in this chapter;
(E) Or, in lieu of divisions (C) and (D) above, a bond, provided by the subdivider which:
(1) Runs to the county;
(2) Is in an amount determined by the Commission to be sufficient to complete the improvements and installations in compliance with this chapter;
(3) Provides surety satisfactory to the Commission; and
(4) Specifies the time for the completion of the improvements and installations.
(F) Any funds received from these bonds shall be used by the county only for the purpose of making the improvements and installations for which the bond was provided. The proceeds of the bond may be used for these purposes without appropriation. If the improvements or installations are to be made within the city, the town, or a participating town, the county shall transmit the proceeds of the bond to such city or town which shall complete the improvements and installations in conformance with this chapter and with plans and specifications approved by the Commission. Cash, surety or irrevocable letters of credit are all acceptable. Property bonds will not be acceptable;
(G) If the subdivider elects to provide the improvements and installations required in this chapter before he or she applies for final plat approval and it is shown to the satisfaction of the Commission that all applicable conditions and requirements of this chapter have been met, and if the final plat conforms substantially to the preliminary plat as approved, the Commission shall have no other course than to give final plat approval within 30 days after application;
(H) Upon the completion of all required improvements and installations, and prior to the acceptance thereof for public maintenance by the county or participating city or town, the subdivider shall provide a three-year bond, with himself or herself or some other person satisfactory to the Commission as principal, which shall:
(1) Run to the county, or the participating city or town having the legal responsibility for the maintenance of said improvements and installations;
(2) Be in an amount equal to 10% of the cost, as estimated by the Commission, of all improvements and installations as required by this chapter excluding however, the cost of the public, group and individual water supply improvements and installations required by this chapter. Nothing contained in this division (H)(2) shall, however, exclude any of the said improvements and installations from requirements and coverage of this bond as specified in divisions (H)(4) and (H)(5) below;
(3) Provide surety satisfactory to the Commission;
(4) Warrant the workmanship and all materials used in the construction, installation and completions of said improvements; warrant the installations to be of good quality and to have been constructed and completed in a workmanlike manner in accordance with the standards, specifications and requirements of this chapter and with plans and specifications approved by the Commission; and
(5) Provide that for a period of three years after the date of the acceptance of the improvements, the applicant will, at his or her own expense, make all repairs to said improvements and installations, or the foundations thereof, which may become necessary by reason of improper workmanship or materials, but not including any damage to said improvements and installations resulting from forces or circumstances beyond the control of the applicant or occasioned by the inadequacy of the standard specifications or requirements of this chapter.
(I) Installation of improvements shall be inspected by the county or the participating city or town within whose territorial boundaries the subdivision is located. Each participating city or town may designate by resolution that the Executive Director inspect, on their behalf, said installations and improvements. Such inspections shall be required in all instances regardless of whether the work is performed before or after the final plat approval. Failure of the subdivider to request inspection at proper and reasonable intervals during construction of the improvements and installations as required may be cause for either denial of final plat approval and/or denial of acceptance for maintenance by the county or the participating city or town; and
(J) As built plans of all underground public utilities shall be filed by the subdivider with the appropriate utility and/or governmental agency and the fact of said filing certified in writing to the Executive Director.
(Ord. 2, passed 8-14-2006)