(A) Prior to submitting a secondary (final) plat for approval, the following conditions and requirements apply.
(1) Infrastructure shall be constructed to include, but not limited to, site grading, streets, sidewalks, curbs, and gutters, sanitary sewer, storm drainage system including retention/detention systems, street signs, street lighting, public water system, fire hydrants and any and all other improvements outlined and shown on the plat or that are required by the Commission or City and County Engineer. Including having passed all material and performance test for streets, sanitary sewers and lift stations, water system including fire hydrants and pumping stations, storm sewer system together with all testing required by the state’s Department of Environmental Management, the city, the county or a private utility.
(2) Any portion of infrastructure, as listed in subsection (A)(1) above, that is not completed prior to a request to the Commission to approve a secondary (final) plat shall be guaranteed via a performance surety (bond, cash, certified check or irrevocable letter of credit). The surety shall be in an amount equal to 100% of the uncompleted work, including testing. The cost of the uncompleted work shall be determined by bids from qualified contractors and approved by the City Engineer or in the absents of bids an estimate of the remaining cost of construction by the City Engineer.
(3) The secondary plan (final plat) shall not be approved until all infrastructure has been completed, tested and accepted by the city and/or county, or a performance surety has been posted with the city or county in an amount equal to 100% of the cost of any uncompleted construction, including testing. Further, if all infrastructure has been completed, a three-year maintenance surety equal to 20% of the total cost of construction is required. If all construction is not completed, in addition to the performance surety, proof of ability to obtain maintenance surety is required.
(4) Four copies of secondary plat (final plat) meeting all the requirements of § 94-198(B) of this chapter together with said plat drawn on Mylar or velum, suitable for recording, shall be submitted to the City Superintendent at least 15 days prior to any scheduled hearing or approval.
(B) If the infrastructure required in subsection (A)(1) above has not been completed and accepted by the city within two years after recording of the secondary (final) plat or at any time the Commission determines that the developer is unable or unwilling to complete the infrastructure, then the Commission may call in the performance surety and cause the infrastructure to be completed to the satisfaction of the City Engineer.
(C) The developer, in writing, shall notify the City Superintendent when all improvements and installations have been completed in accordance with the provisions of the plat that was approved by the Commission. The Commission may release the developer’s performance surety under the following conditions:
(1) Certification to the Commission by the City Engineer that all the requirements of the plat and approved design plans have been met;
(2) Complete as-built design plans, on velum or Mylar, have been submitted by the developer and accepted by the City Engineer; and
(3) A three-year maintenance surety to the city or Board of County Commissioners, as the case may be, has been posted.
(D) Where applicable, a separate performance and maintenance surety for construction on county right-of-way may be furnished to the County Commissioners in amount not less than stated above.
(E) Upon the acceptance of all streets and other improvements in the subdivision by the Board of Public Works and Safety of city or by the Board of County Commissioners, as the case may be, the three-year maintenance surety may be released and the surety discharged from further obligation.
(F) The Commission may grant secondary approval of a plat under this section or may delegate to the City Superintendent the authority to grant such approvals. No notice or hearing is required. A plat of a subdivision may not be filed with the Auditor, and the Recorder may not record it, unless it has been granted secondary approval and signed and certified by the appropriate official of the Commission. The filing and recording of the plat is without legal effect unless approved by the Commission or its designated delegate.
(G) All plats shall be filed with the city’s Plan Commission in recordable form along with the recording fee made payable to the County Recorder in the appropriate amount. The City Superintendent shall check the final document for recording to make sure it complies with the approved plat. The City Superintendent shall arrange for the recording of the plat within ten days from the date of receipt said plat. Any subdivision secondary (final) plat that is not recorded in the records of the Recorder of the county within one-year from date of approval by the Commission is void.
(H) Filing and recording of the plat is without legal effect unless approved by the Commission or its designated delegate.
(Ord. 2001-1478, passed 11-19-2001)