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If the participating jurisdiction finds upon inspection per this chapter that any of the improvements have not been constructed in accordance with the approved construction plans, the applicant shall be responsible for completing the public improvements according to such plans. Where the cost of the public improvements is covered by a performance bond, the applicant and the bonding company shall be severally and jointly liable for completing the public improvements according to specifications.
(Ord. passed - -)
(A) Certificate of satisfactory completion. The county or other participating jurisdiction shall not accept required public improvements, nor the Commission release nor reduce a performance bond, until the jurisdictional engineer has submitted to it a certificate stating that all required public improvements or a pro rata part in the case of a reduction have been satisfactorily completed.
(1) The applicant’s engineer or surveyor shall provide the participating jurisdiction with detailed as-built construction plans of the public improvements, indicating location, dimensions, materials, and other information required by the Commission or participating jurisdiction.
(2) Upon such certification, the county or other participating jurisdiction shall thereafter accept the public improvements for maintenance in accordance with the established procedures unless the county has reliable information as to noncompliance with the plans and specifications.
(B) Reduction of performance bond. A performance bond shall be reduced upon actual acceptance of public improvements, but only by the amount originally estimated for the completion of said public improvements.
(Ord. passed - -)
(A) The applicant shall be required to maintain all public improvements on the individual subdivided lots and provide for snow removal on streets and sidewalks (where required) until acceptance of said public improvements by the county or other participating jurisdiction.
(B) The applicant shall be required to file a maintenance bond with the Commission, prior to acceptance, in an amount not to exceed 10% of the cost of all public improvements and in a form satisfactory to the Commission Attorney. The maintenance bond is provided to assure the satisfactory condition of the required public improvements for a period of three years after the date of their acceptance by the appropriate participating jurisdiction.
(Ord. passed - -)
(A) No improvement location permit shall be issued for the last 10% of the lots or two lots whichever is the highest in a final subdivision plat or section thereof until all public improvements required by the Commission for the plat (with the exception of sidewalks) have been fully completed and accepted for maintenance by the participating jurisdiction.
(B) No permits may be issued for any portion of the area submitted for subdivision, until the plat has been approved and recorded.
(Ord. passed - -)
ADMINISTRATION
These regulations are enacted pursuant to I.C. 36-7-4-700 series, Subdivision Control, as amended, which authorizes the City of Marion Advisory Plan Commission to:
(A) Review and approve or disapprove plats for subdivisions through its jurisdiction. The jurisdiction of the Commission shall include the unincorporated areas of the City of Marion;
(B) No improvement location permit or building permit shall be issued for any parcel or plat that is created by subdividing land that is not in conformity with the provisions of this chapter. The excavation of land or construction of any public or private improvements shall be commenced only in conformity with the construction standards adopted by the city.
(Ord. passed - -)
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