(A) The Plan Commission may grant secondary approval for all or any pail of a plat of a subdivision which has heretofore been given primary approval by the Plan Commission, or the Plan Commission may delegate, by resolution, to the Plan Commission staff the authority to grant such secondary approvals; provided, that secondary approvals may be granted after expiration of the time for appeal, and the submission of a subdivision improvement agreement in the form set forth in the Trafalgar Design Standards and Specifications Manual.
(1) Secondary approval may be granted to a plat of a subdivision in which all public improvements and installations have been completed and accepted as required by this chapter.
(2) Secondary approval may be granted to a plat of a subdivision in which the public improvements and installations have not been completed as required by this chapter, if the applicant provides a bond or other proof of financial responsibility as prescribed herein satisfactory to the Town Attorney, that meets the following requirements:
(a) One hundred twenty-five percent of an amount determined by the Plan Commission staff to be sufficient to complete the improvements and installations in compliance with this code.
(b) Provides surety satisfactory to the Town Attorney.
(3) Proof of financial responsibility may take the following form:
(a) An irrevocable letter of credit. In the event an irrevocable letter of credit is utilized, it shall be written for a maximum length of one year, but shall be automatically renewed for additional one-year periods.
(b) A performance bond in a form that states (1) it is governed by Indiana law; (2) venue of any disputes is located in Johnson County, Indiana or the U.S. District Court sitting in Marion County, and (3) that the bond company will be liable for the town’s reasonable attorneys’ fees, costs and expenses in the event the town finds it necessary to enforce the bond; or
(c) 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 Johnson County, and the Recorder of Johnson 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 above 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 Plan Commission staff.
(1) Reductions or partial releases. The amount of a performance bond or other proof of financial responsibility may be reduced in proportion to the amount of an improvement satisfactorily completed.
(2) Such partial release shall only be permitted for unusually large, extensive, or phased improvements, and only upon the approval of the Plan Commission staff and acceptance of a new performance surety for the remaining uncompleted portion of the improvement. The Plan Commission staff shall have discretion in permitting partial releases.
(E) (1) Until the secondary plat is recorded, secondary approval shall be effective for a period of one year (secondary approval period) after the date of secondary approval, at the end of which time the secondary plat shall have been recorded. Any plats not recorded within the period of time set forth herein shall be required to resubmit a new application for subdivision approval subject to the zoning restrictions and subdivision regulations in effect at the time of resubmission.
(2) Upon the request of an applicant and upon a finding that the applicant has been unable to satisfy the requirements to execute the certificate of secondary approval despite due diligence, the Plan Commission may extend the secondary approval period for one year beyond the expiration date of the original secondary approval period, without further notice and public hearing, or for a longer period of time upon notice to interested parties and hearing.
(F) For sectionalized subdivisions, the approval of all remaining sections not filed with the Plan Commission staff shall automatically expire two years from the date of recordation of the secondary plat for the latest section of the subdivision, unless the primary approval has been extended by the Plan Commission.
(Ord. 2018-003, passed 4-19-2018) Penalty, see § 153.99