(A) The policies of utilities or government agencies may vary widely when furnishing or accepting public infrastructure for a new development. Some utilities or providers of infrastructure may require the developer to install the infrastructure at the developer’s expense and to maintain the infrastructure for a fixed period of time before acceptance. Other providers of infrastructure will install the infrastructure at their own expense but may require an Aid to Construction Deposit or other security, which may be either refundable or non refundable according to their particular policy.
(B) It is not the duty of the Plan Commission to negotiate or define agreements between the developer and the utility or other provider of infrastructure or services. It is, however, the duty of the Plan Commission to ensure that utility, transportation and other commonly required or desired infrastructure is provided under conditions acceptable to potential future owners of properties within the development. To that end the developer will secure certifications appropriately issued and signed by a responsible officer or “attorney in fact” of the entity issuing the certification. The certification shall contain the following information:
(1) The name of the Developer of Record before the Plan Commission;
(2) The Docket Number of the case before the Plan Commission;
(3) The name of the Development before the Plan Commission;
(4) The name of the entity issuing the certification;
(5) A certification that the utility or other infrastructure or service has the regulatory jurisdiction over the geographical area of the development;
(6) An adequate description of the infrastructure and/or service to be provided;
(7) A certification that the construction standards are in accordance with the standard policies of the utility or other provider of infrastructure or services, provided that in no case shall the construction standards be less than those required by the Indiana Utility Regulatory Commission, the Indiana Health Department, any statutory standards or Tell City Code Title 15, Ch. 150 or the City Zoning Ordinance;
(8) A certification that the subject infrastructure will be provided without any additional cost to the tax payers of the city;
(9) A certification that the subject infrastructure or service will be furnished in due course for the use of future owners of the development;
(10) A certification that the service or infrastructure will be provided under standard policies of the entity and that services will be provided under the standard tariffs of the entity without any surcharge or special fees directly related to this case and location. A certification that the signatory is fully advised of the premises and understands the requirements of the certification;
(11) A certification that the person or persons executing the certification are authorized to execute the certification. Alternately the signatory may attach a Power of Attorney in Fact or similar legal document.
(12) Certifications shall be in the general form as provided as example wording in Appendix B, Sections 2 through 6 or other certification and forms that may be required.
(Ord. 970, passed 3-5-2007)