All subdivisions must meet the following time lines and miscellaneous requirements as appropriate.
(A) Once primary approval is obtained from the Plan Commission, such plat must receive final approval from the Board of Commissioners within one year of primary approval.
(1) Any plat before the Board of Commissioners must have a certificate from the Building Commissioner that such plat is the same as approved by the Plan Commission.
(2) Any plat that is not approved by the Board of Commissioners within the one-year period must be re-approved by the Plan Commission to include a public hearing.
(3) Once approved by the Board of Commissioners, a subdivision plat must be recorded with the Recorder of LaPorte County within 60 days after such approval. If such plat is not recorded within such period of time, such plat must be reviewed by the Building Commissioner to determine if it still conforms with the current zoning ordinance. Building permits will not be issued for any subdivision lot that is not recorded in such timely fashion and a copy of such recorded subdivision must be provided to the Building Commission once recorded.
(B) All subdivisions development including existing subdivisions which have been recorded at the time of adoption of this section must be completed within ten years from the recording of the initial plat. Development will include the completion of all streets, curbs and gutters, retention ponds, water and sewer as applicable and lot layouts. If completion is not completed within such period of time, the developer may request extensions for completion from the Plan Commission. Such extension shall be for a reasonable time frame. Failure to ask for an extension shall cause the denial of the issuance of any building permit until such extension has been approved.
(C) The existing subdivision plats which have already received approval from the Board of Commissioners prior to February 1, 2004 but not yet recorded; such subdivision plat will have 180 days from the date of the adoption of this section to be recertified by the Building Commissioner and to be recorded. Any plat which fails to conform to this requirement will not have building permits issued pending re-approval by the Plan Commissioner.
(D) All developers will provide road bonds to the LaPorte County Board of Commissioners as follows;
(1) If a roadway or street is not fully completed (no final asphalt coating), the developer must provide a performance bond to the LaPorte County Commissioners to insure completion of the remaining portion of the roadway. Such performance bond shall be in the amount of 125% of the cost of construction for the uncompleted portion of such roadway or street. Such bond shall be for a minimum of five years and may be renewed accordingly based upon the recommendation of the County Engineer.
(2) A developer who completes paving such roadway or street but has not completed or begun building within such subdivision, a maintenance bond must be provided to the LaPorte County Commissioners in the amount of 20% of the total cost of such roadway or street for a minimum period of five years. Such bond is to insure against damage to such roadway or street during the building and construction phase within such subdivision. This bond must be in existence until such subdivision phase is complete or the County Engineer recommends that such roadway or street be accepted into the county highway system.
(3) Developers should endeavor to insure that future subdivision phases are developed with other means of access for construction equipment in lieu of use of accepted roads. Otherwise, additional bonds may be required during such continued development phases to protect the county regarding damage to such roadways subject to recommendation by the County Highway Engineer.
(4) All roadway bonds with a performance of maintenance will be issued on the recommendation of the County Highway Engineer. Bonds may be extended for an additional period of time as deemed appropriate by the Board of Commissioner based upon the recommendation of the County Highway Engineer. Release of any bond will further be based upon the recommendation of the County Highway Engineer.
(5) All road or street signs in such subdivision must be in place prior to the issuance of any building permits. It is the cost and responsibility of the developer to provide for all signage. All signage must be in conformity with the County Highway Department requirements.
(6) The acceptance of a subdivision plat by the County Commissioners involves the acceptance and dedication of the streets and roadways contained therein as laid out. Final acceptance by the County Commissioners of such streets or roadways into the county highway systems is based upon the recommendation of the County Highway Engineer so that such roadway meets all the requirements of the LaPorte County Subdivision Ordinance, Chapter 153 of this code of ordinances and that LaPorte County will be maintaining maintenance on such streets as a county responsibility subject to any further bonding conditions as provided herein.
(E) Cul-de-sac lots in a subdivision need not comply with the minimum lot frontage requirements. Such cul-de-sac lot however must have a building set back line at which the minimum lot width must be obtained.
(F) All subdivision lots must have minimum covenants to be recorded regarding the following:
(1) Minimum building setback lines on front, rear and side.
(2) Regulation of accessory buildings regarding size and number.
(3) Drainage along any county right-of-way.
(4) Shared entrances - if applicable.
(5) Animal restrictions.
(6) Require at least a one-car attached garage.
(7) Minimum roof pitch requirement.
(8) Creation of homeowners associations for enforcement of covenants/association guidelines.
(9) Enforcement of covenants provisions.
(10) Restrictions of outside storage.
(11) Unusable vehicle limitations.
(Ord. 2005-11, passed 9-6-05)