(A) If any improvements and installations required of a subdivider are incomplete at the time of the public hearing for final plat approval, the applicant shall provide a performance bond which shall:
(1) Run to the applicable government entity having legal jurisdiction for said improvements and installations;
(2) Be in an amount equal to 100% of the estimated construction cost or an amount determined by the Commission to be sufficient to complete the improvements and installations in compliance with the principles and standards of design outlined in this chapter and the satisfactory plans and specifications thereof. The amount should include all ingredients in the subdivision;
(3) Be with surety satisfactory to the Commission; and
(4) Specify the time for the completion of the improvements and installations.
(B) Upon the completion of any dedicated public improvements and installations, and prior to the acceptance thereof for public maintenance by the applicable government entity, the applicant shall:
(1) Provide a three-year maintenance bond which shall:
(a) Run to the applicable government entity having a legal responsibility for the maintenance of the public improvements and installations;
(b) Be in an amount equal to 20% of the cost of the public improvements and installations or an amount determined by the Commission;
(c) Be with surety satisfactory to the Commission;
(d) Warrant the workmanship and all materials used in the construction, installation and completion of the public improvements and installations to be of good quality, and have been constructed and completed in a workmanlike manner in compliance with the principles and standards of design outlined in this chapter and the satisfactory plans and specifications thereof; and
(e) Provide that, for a period of three years after the public improvements and installations have been accepted for public maintenance by any governmental unit or agency thereof, the subdivider 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; however, the repairs are not to include any damage to the improvements and installations resulting from forces or circumstances beyond the control of the subdivider; and
(2) Provide one of the following:
(a) Written certification that all dedicated public improvements were installed in conformance with the principles and standards of design outlined in this chapter, and in conformance with the approved preliminary plan on file with the Area Plan Commission; or
(b) Two copies, plus one copy for each operating authority within the proposed subdivision, of separate as-built drawings depicting any deviations or alterations of installed improvements from the approved preliminary plan, which shall include a written certification that all dedicated public improvements were installed in conformance with the principles and standards of design outlined in this chapter and were approved by the Area Plan Commission and the appropriate operating authorities.
(Ord. 2006-14, passed 4-3-2006; Ord. 2012-10, passed 7-2-2012)