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§ 154.030 MODEL HOME.
   After the final plat has been recorded and copies have been provided to the office of the County Plan Commission; and improvement location permit has been issued for site construction of the subdivision, and a paved or gravel road has been installed to the model home site from the entrance to the subdivision, the Director may issue an improvement location permit to model homes within the first recorded section of a new subdivision. The number of model home permits shall be limited to no less than one and no more than the maximum of ten, using a percentage rate of 10% per the recorded plat. Occupancy of model homes shall not take place until all permanent, private and public utility facilities that directly or indirectly affect the model home have been installed, inspected and approved in writing by all appropriate governmental agencies.
(Ord. passed 7-20-1992)
§ 154.031 COMPLIANCE.
   Proceeding before approval: there shall be no sales of a subdivision prior to final plat approval by the Plan Commission and County Commissioners. No person, firm or corporation proposing to make a subdivision within the jurisdiction of the Plan Commission shall enter into any contract for the sale of such subdivision or any part thereof, or shall proceed with any construction work on the proposed subdivision. The Plan Commission may give authority for the subdivider to proceed with construction prior to approval of the final plat, at the subdivider’s own risk.
(Ord. passed 7-20-1992)
§ 154.032 MODIFIED TREATMENT.
   (A)   Where the Commission finds that extraordinary hardships may result from strict compliance with these regulations it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such modified treatment will not have the effect of nullifying the intent and purpose of the Comprehensive Plan or these regulations.
   (B)   In granting modifications, the Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements modified.
(Ord. passed 7-20-1992)
§ 154.033 FEES.
   (A)   A non-refundable check payable to the County Plan Commission shall accompany the applicant’s preliminary application and plan and final plat application in accordance with the following schedule:
   (B)   Schedule of fees.
 
Type of Subdivision
Preliminary Application
Final Application
Major subdivision (commercial/industrial)
$700 plus $50 per lot
$300 per plat sheet
Major subdivision (residential)
$500 plus $50 per lot
$500 per plat sheet
Minor subdivision (commercial/industrial)
$300 plus $50 per lot
$200 per plat sheet
Minor subdivision (residential)
$250 plus $20 per lot
$100 per plat sheet
One lot subdivision
NA
$75 per plat sheet
Replat or vacation of a recorded plat
$300 plus $10 per lot
NA
 
(Ord. passed 7-20-1992; Ord. 1993-4-19, passed 4-19-1993; Ord. 2005-7-18-1, passed 7-18-2005)
§ 154.034 BONDING.
   The Plan Commission, may approve a final plat in which the improvements and installations have not been completed as required by the chapter for the approval of plats if the applicant provides a bond which shall:
   (A)   Run to the county;
   (B)   Be with surety satisfactory to the Plan Commission;
   (C)   Specify the time for the completion of the improvements and installations; and
   (D)   (1)   Construction surety shall be an amount equal to the total cost of construction of improvements including storm sewer and drainage, new streets and improvements to existing streets, water, sanitary sewers monuments and markers; streets signs and any other public improvement required by the Plan Commission or County Commissioners. Surety is to be in the form of a bond, letter of credit or cashier check made out to the appropriate authority. When no specific authority exists, the surety shall be made out to the County Plan Commission.
      (2)   The time period for the construction surety shall be for the entire time it takes to complete the construction, inspections and release in writing of the surety by the appropriate authority.
      (3)   The developer may install approved subdivision improvements once an improvement location permit has been issued and a time schedule for facility construction and inspection has been developed in writing and approved by all appropriate county and other appropriate authorities without surety as an alternate to the above. The final plat will not be signed by the Commission nor recorded until all improvements have been installed, inspected and approved in writing by all appropriate county and other appropriate authorities.
      (4)   Maintenance surety shall be required per the request of the authority to which the improvements would be turned over to or at the request of the Plan Commission or County Commissioners. The amount of the maintenance surety shall be no less than 20% of the construction surety of 20% of the actual cost of construction of improvements if installed without surety and shall be for a time period of no less than two years after the construction surety is released or maintenance surety can be longer than three years when the Plan Commission or County Commissioners. No individual nor part or a surety shall be released until all inspections by the appropriate authority and Plan Commission staff have been performed and certified in writing that they meet all appropriate standards. The appropriate authority or developer may request special inspections by a duly authorized inspector or state certified engineer as approved by the County Commissioners to determine compliance with all appropriate standards, the cost of which shall be borne by the subdivider or developer. No surety shall be allowed to lapse or be terminated until approved in writing by the appropriate authority.
(Ord. passed 7-20-1992)
§ 154.035 CERTIORARI PROCEDURE.
   In any decision by the Commission under this chapter any person aggrieved may petition the Circuit Court of the county for a writ of certiorari as provided by law.
(Ord. passed 7-20-1992)
DEFINITIONS
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