§ 159.062  PROVISIONS FOR SATISFACTORY COMPLETION AND MAINTENANCE OF IMPROVEMENTS.
   (A)   Assurance for Completion.
      (1)   Applicability.  As provided in § 159.061(C)(4), the subdivider has the option of either installing all required public improvements prior to the signing of the secondary plat, or, in lieu of installation, posting a bond or other security in an amount sufficient to assure completion of the improvements.  The following regulations are to assure the satisfactory completion of all improvements, whether installed before or after the secondary play has been signed and recorded.
      (2)   Temporary Improvements.  The Plan Commission may require that temporary facilities be constructed until the time as permanent public improvements can be completed.  In such case, the subdivider shall build and pay all costs for temporary improvements and shall maintain them until completion of permanent improvement or for the period specified by the Commission.  Prior to construction of any temporary facility or improvement, the subdivider shall file with the city or county, as applicable, a separate bond, suitable to the City or County Attorney, which shall ensure that the temporary facilities will be properly constructed, maintained, and removed.
      (3)   Failure to Complete Improvements.  In those cases where a performance bond has been posted but the required improvements have not been installed within the terms of the performance bond, the city or county may declare the subdivider to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the subdivider is declared to be in default.
      (4)   Inspection of Completed Improvements.
         (a)   The Plan Commission shall provide for periodic inspection of required improvements by the City Engineer or County Engineer, as applicable, during construction to ensure their satisfactory completion.
         (b)   If the City Engineer or County Engineer finds upon inspection that any of the required improvements have not been constructed in accordance with the construction standards and specifications required by §§ 159.075 through 159.087, the Noblesville Standards, the approved secondary plat, or the approved construction plans, the subdivider shall correct any errors immediately upon notification.  Where the completion of improvements is covered by a performance bond, the subdivider and the bonding company shall be separately and jointly liable for completing the improvement according to specifications.
      (5)   Acceptance of Dedication Offers.
         (a)   General Requirements.
            1.   Acceptance of formal offers of dedication of streets, public areas, easements, and parks shall be by official action of the Board of Public Works for parcels within the City of Noblesville or the County Commissioners when outside the city limits.
            2.   The approval by the Plan Commission of a subdivision plat shall not be deemed to constitute or imply the acceptance by the city/county of any street, easement, or other public areas shown on the plat.
         (b)   Release or Reduction of Performance Bond or Other Security.  The Board of Public Works or County Commissioners, as applicable, shall not accept dedication of required improvements, nor release nor reduce a performance bond or other security, except in accordance with the following:
            1.   The Engineer of the applicable jurisdiction shall submit a certificate stating that all required improvements have been satisfactorily completed;
            2.   The subdivider's engineer shall submit a certificate to the City or County Engineer stating that the layout of all public improvements are in accordance with construction plans for the subdivision, and that the improvements have been completed, are ready for dedication to the city/county, and are free and clear of any and all liens and encumbrances.
            3.   The subdivider shall submit as-built construction plans to the department of Planning and Development as follows:
               a.   One copy on paper; and
               b.   One digital copy as per the Noblesville Digital As-Built Submittal Requirements.
            4.   The subdivider shall file a maintenance bond and/or agreement with the Board of Public Works or County Commissioners in an amount considered adequate by the Engineer of the appropriate jurisdiction, in order to assure the satisfactory condition of the required improvements.  The maintenance bond shall be submitted in accordance with this section.
            5.   A performance bond or other security may be reduced only upon actual dedication and of public improvements by the Board of Public Works or County Commissioners, and then only to the ratio that the dedicated public improvements bear to the total public improvements for the plat.
   (B)   Assurance for Maintenance.
      (1)   General Requirement.  The subdivider shall be required to maintain all improvements on the subdivided areas, including all lot improvements on the individual subdivided lots, for a period of three years after the date of their acceptance and dedication by the Board of Works or County Commissioners.  Improvements covered by the maintenance bond shall include but not limited to: streets to minimum specifications of the applicable jurisdiction at the end of such period; sanitary sewers, storm sewers, and water lines, including lift stations, pumps, motors, connections and main lines installed in the subdivision; sidewalks, shoulders, side slopes, ditches, street signs, street lights and fire hydrants.
      (2)   Temporary Maintenance.  The Plan Commission may require the subdivider to provide for traffic control on streets and remove snow from streets and sidewalks until acceptance and dedication of said improvements by the Board of Public Works or County Commissioners.
      (3)   Posting of Maintenance Bond and/or Agreement.  The subdivider shall be required to file a maintenance bond and/or agreement with the Board of Public Works or County Commissioners, as applicable, and prior to dedication in order to assure the satisfactory condition of the required improvements.  Maintenance bonds shall:
         (a)   Run to and be in favor of the city if the subdivision is within the city, or shall be in favor of and run to the Board of County Commissioners of Hamilton County if the subdivision is outside of the city limits;
         (b)   Be in a penal sum established in the fee schedule, to assure and guarantee the maintenance of all improvements and installations during such three year period.  The Noblesville Board of Works and Safety may reduce the penal sum set forth herein for good cause if the intent of the maintenance bond provision is preserved.
         (c)   Include an amount for maintenance, other than for streets set forth above, which shall be set by the Commission, but in no event shall be less than 15% of the total cost of all of the improvements and installations in the subdivision proposed for secondary plat approval or in accordance with fee schedules adopted, from time to time, by the Common Council.  The current fee schedule is found in Appendix A of this chapter.
         (d)   Maintenance bonds shall commence upon acceptance of improvements by the Board of Works or County Commissioners, as applicable.
   (C)   Deferral or Waiver of Improvements.
      (1)   General Conditions.  The Plan Commission may defer or waive at the time of secondary approval, subject to appropriate conditions, the provisions of any or all the improvements as, in its judgment, are not requisite in the interest of public health, safety, and general welfare, or which are inappropriate because of inadequacy or lack of connecting facilities.
      (2)   Assurance for Future Completion.  Whenever it is deemed necessary by the Plan Commission to defer the construction of any improvement required herein because of incompatible grades, future planning, inadequate or lack of connecting facilities, or for other reasons, the subdivider shall pay his share of the costs of the future improvements to the city/county prior to signing of the secondary subdivision plat, or the subdivider may post a bond ensuring completion of the improvements upon demand of the city/county.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 12-02-03, passed 3-11-03; Am. Ord. 56-11-07, passed 12-11-07)  Penalty, see § 159.999