(A) The Plan Commission may grant secondary approval of a plat or replat under this chapter or may delegate authority to the presiding member to grant such secondary approval.
(B) No notice and hearing are required for secondary approval.
(C) The purpose of secondary approval is to ensure that the plat reflects all terms, conditions and commitments given by the subdivider or required by the Plan Commission at the hearing on primary approval.
(D) A plat of a subdivision may not be recorded in the office of the County Recorder unless it has been granted secondary approval and signed and certified by the presiding member of the Plan Commission.
(E) (1) Secondary approval may be granted to a plat for a subdivision in which the basic improvements and installments have not been completed as required by this chapter, if the subdivider provides a bond, or other proof of financial responsibility as prescribed by the Plan Commission, that:
(a) Is an amount determined by the Plan Commission to be sufficient to complete the basic improvements and installations in compliance with the plat and drainage approval; and
(b) Provides surety satisfactory to the Plan Commission.
(2) (a) The subdivider may submit an irrevocable letter of credit issued by a financial institution acceptable to the Commission on behalf of the subdivider and securable to the town in an amount equivalent to 100% of the estimated cost of completion of the uncompleted portion of street and sidewalk improvements.
(b) In the event an irrevocable letter of credit is used, it shall be written for a minimum period of one year for street improvements other than sidewalks and two years for sidewalks and a maximum of two years for street improvements other than sidewalks and three years for sidewalks. Two months prior to the expiration date of the irrevocable letter of credit, the Commission shall determine if the street improvements have been completed and accepted for maintenance and/or acknowledgment of completion by the town or other units of government having jurisdiction over them, and if they have not been accepted or acknowledge shall so notify the subdivider of his or her options which are:
1. If the subdivider has not exceeded the allowed maximum two years for street improvements other than sidewalks and three years for sidewalks, he or she may have his or her engineer submit a certified report of percentage of street construction and sidewalk completion yet to be finished and the dollar amount required to complete the work. This submittal must be made to the Commission office a minimum of 30 days prior to the expiration date of the irrevocable letter of credit. The Town Engineer shall make an inspection to verify said engineer’s certification. Once the Town Engineer gives his or her written approval the subdivider may submit a new irrevocable letter of credit a minimum of ten days prior to the expiration date of the one being replaced. This new irrevocable letter of credit shall not be for a period less than one year; and
2. In the event the subdivider can demonstrate that due to some unforeseen circumstance or hardship beyond his or her control and not self created, he or she may request a second and final extension to be granted by the Planning Commission. At the discretion of the Planning Commission, it may grant the extension for such period of time it deems adequate, however, not to exceed one year. In the case of sidewalks, at least one side of each street must be installed for pedestrian safety and convenience by this time, certified to by his or her engineer and verified by the Town Engineer.
(F) Any money received from the bond or otherwise shall be used only for making the improvements and installments for which the bond or other proof of financial responsibility is provided. The improvement or installation must conform to the standards provided for such improvements or installations by the town, as well as the subdivision control chapter, drainage approval and street standards as adopted by the town.
(G) (1) The Plan Commission shall, by rule, prescribe the procedure for determining whether all basic improvements and installations have been constructed and completed as required by the subdivision control chapter. The rule must designate the person or persons responsible for making the determination.
(2) A person desiring the secondary approval of a plat or replat of land for subdivision shall submit to the Plan Commission the plat of the proposed subdivision with the required certificates attached.
(3) The following certificates shall be affixed to the plat before recording:
(a) By the registered land surveyor to the effect that the plat represents a survey made by him or her that all monuments shown there on exist, and that their locations are as shown;
(b) By the owner or owners, and any interest holder, a notarized statement that he or she is the owner of the land, and that the platting of the subdivision is his or her voluntary act and deed The owner shall declare in this certificate by description or reference to the plat the purpose of all rights-of-way, easements and other reservations shown on the plat;
(c) By the Plan Commission, fixed with the seal of the Plan Commission, signed by the President or presiding officer of the Plan Commission, and attested to by the Secretary of the Plan Commission. The certificate shall disclose that proper public notice was given, and that a majority of the members of the Plan Commission concur in its approval;
(d) By the presiding officer of the Plan Commission to the County Recorder that the plat complies with the provisions of this subdivision chapter;
(e) By the President of the Department of Storm Water Management certifying that a drainage plan has been approved; and
(f) By the Town Council President certifying that all road construction plans conform to the current design standards adopted by the town.
(H) Except as provided in division (I) below, a plat or replat of a subdivision must be recorded within 18 months of primary approval. Upon written request, the Plan Commission may extend the time limitation for one year. If the subdivider fails to record, or seek an extension, within this time period, the approval given by the Plan Commission shall be null and void.
(I) (1) Plats that have been granted primary approval after the adoption of this chapter may be submitted for secondary approval in sections as deemed most advantageous by the subdivider with the approval of the Plan Commission. Additional sections may be submitted for secondary approval without repeating primary approval if they substantially conform to the geometries of the original primary plat. The 18-month limit for recording the secondary plat is automatically renewed with the recording of any section of the approved primary plat.
(2) The plat may be deemed to substantially conform to the primary plat if the geometries of the secondary plat are substantially the same layout. The addition, removal or alteration of street patterns, lot sizes and total number of lots shall result in a re-submission of the plat for primary approval. The addition or removal of easements to accommodate utilities or drainage shall not constitute a substantial change in conformity.
(Ord. 1997-18, § 131.11, passed 8-27-1997) (Ord. 1999-2, passed 1-13-1999)