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(A) Primary approval. The Commission may grant primary approval to a subdivision in accordance with I.C. 36-7-4-707(a). Granting primary approval, the Commission shall take the following actions.
(1) It shall make written findings and decision granting primary approval to the plat.
(2) The decision shall be signed by the official designated in this title.
(3) At the public hearing, the Commission shall require that a bond be posted by the applicant, as follows.
(a) If new roads are to be built as part of the subdivision, the bond shall:
1. Run to the County Board of Commissioners;
2. Be in an amount determined by the Commission to be sufficient to complete the improvements and installations in compliance with this title;
3. Be with surety satisfactory to the Commission; and
4. Specify the time for the completion of the improvements and installations.
(b) If new roads are proposed, but to be built in subsequent phases of subdivision development, the bond shall:
1. Run to the Plan Commission;
2. Be in an amount determined by the Commission to be sufficient to guarantee initiation of subsequent interior phases of subdivision development within five years from the recording of the initial subdivision;
3. Any bond posted will be forfeited after notice has been given to the developer of failure to comply with the provision of division (A)(3)(b)2. above, concerning interior development;
4. The developer, upon notification of bond forfeiture, shall have 30 days to show cause to the Plan Commission why the bond should not be forfeited; and
5. Any bond forfeited shall be applied to the county Unsafe Building Fund.
(B) Primary disapproval. If the Commission disapproves a primary plat, it shall prepare written findings that set forth its reasons and a decision denying primary approval, and shall provide the applicant with a copy. The decision shall be signed by the official designated in this title.
(`88 Code, § 8-83) (Ord. 98-20, passed 11-10-98)