The Commission may grant secondary approval for all or any part of a plat of a subdivision which has heretofore been given primary approval for all or any part of a plat of a subdivision which has heretofore been given primary approval by the Commission, or the Commission may delegate to the Plan Commission Staff the authority to grant such secondary approvals; provided, that secondary approvals may only be granted after expiration of the time for appeal under I.C. 36-7-4-1016; specifically after 31 days have elapsed from the date of the decision of the Commission under Section 2.02 herein.
A. Secondary approval may be granted to a plat of a subdivision in which the improvements and installations have not been completed as required by this Code, if the applicant provides a bond or other proof of financial responsibility as prescribed herein.
1. 110% of an amount determined by the Plan Commission staff to be sufficient to complete the improvements and installations in compliance with this code; and
2. Provides surety satisfactory to the Plan Commission attorney.
Other proof of financial responsibility may take the following form:
1. An irrevocable letter of credit; or
2. A performance bond; or
3. An escrow agreement.
B. No notice or hearing is required for secondary approvals.
C. A plat of a subdivision shall not be filed with the Auditor of Hancock County, and the Recorder of Hancock County shall not record it, unless it has been granted secondary approval and signed by all required signatories. If submitted and recorded, the plat shall not be considered a legal subdivision and building permits for lots within the illegally recorded subdivision will not be issued.
D. The proof of financial responsibility referred to in division (A) may be released only upon receipt of a certificate by a registered professional civil engineer or a registered land surveyor that all improvements and installations for the plat of the subdivision required for its approval have been made or installed in accordance with specification and approved by the Town Engineer or Town Manager.
E. Phasing of Subdivisions. The applicant may seek secondary approval of a portion or section of the primary plat. The Commission may impose such conditions upon filing of applications for secondary approval of the sections as it deems necessary to assure the orderly development of the subdivision (such as sequential lot numbering.). The Commission may require that the performance bond and financial responsibility be in such amount as will be commensurate with the section or sections of the plat for which secondary approval is sought and may defer the remaining required performance bond (or other assurance) principal amount until the remaining sections of the plat are offered for filing. Such sections must contain at least twenty (20) lots or ten percent (10%) of the total number of lots contained in the approved primary plat, whichever is less. The approval of all remaining sections not filed with the Zoning Administrator shall automatically expire two (2) years from the date of preliminary approval, unless the primary approval has been extended.
F. Cross-reference:
See Appendices A through E for sample forms for subdivision approval procedures.