(A) (1) If the subdivider elects to install all improvements, including traffic control devices, before he applies for secondary plat approval and it is shown to the satisfaction of the Commission that the conditions of this chapter have been met, and if the secondary plat conforms substantially to the plat that received primary approval, the sudivider (applicant) is exempt from the remaining provisions of this section of the chapter provided, however, that said application for secondary approval is made within five years of primary plat approval without the granting of extensions. Extensions shall be for not less than one year, nor more than five years. Moreover, if the above conditions are met, the Commission shall have no other course than to give secondary plat approval within 30 days after application for secondary approval.
(2) The following provisions allowing for other proof of financial responsibility in lieu of installing all improvements before applying for secondary plat approval shall not apply to traffic control devices. The cost of all devices shall be borne by the subdivider, and shall be installed by the subdivider prior to any street being constructed, either completely or partially, and opened to the public.
(B) If the subdivider (applicant) elects to apply, for secondary approval prior to the complete installation of all basic and street improvements that received primary approval, then in lieu thereof, the subdivider (applicant) shall file with the Area Plan Commission an irrevocable letter of credit guaranteeing that the improvements will be completed or other proof of financial responsibility, as hereinafter set forth.
(1) If the subdivider (or applicant) elects to file an irrevocable letter of credit with the Area Plan Commission to assure completion of all basic and street improvements required by the Commission, such surety shall:
(a) Be securable to Board of Commissioners.
(b) Be in an amount determined by the County Highway Engineer and County Surveyor to be sufficient to complete the improvements required.
(c) Provide surety satisfactory to the Board of Commissioners.
(2) Any funds received from irrevocable letters of credit shall be used by the county only for the purpose of making the improvements and installations for which the irrevocable letter of credit was provided. The proceeds of the irrevocable letter of credit may be used for these purposes without appropriation. If the improvement or installation is to be made within a participating city or town, the county shall transmit the proceeds of the irrevocable letter of credit or cashier's check to the participating city or town who shall complete the improvements or installation.
(3) Such irrevocable letter of credit shall comply with all statutory requirements and shall be satisfactory to the Attorney of the Board of County Commissioners as to form, sufficiency, and manner of execution. The period within which required public improvements must be completed shall not exceed two years from date of secondary approval. Such bond shall be approved by the participating jurisdiction as to amount. The Plan Commission may upon proof of difficulty, grant an extension of the completion date set forth in such bond for a maximum period of one additional year, provided that the bond submitted for this extension period meets all other requirements herein. The Commission may at any time during the period of such bond accept a substitution of principal or sureties on the bond as hereinafter provided.
(C) The subdivider shall have the option of providing proof of financial responsibility to the county by means of any of the following courses of action in lieu of providing the irrevocable letter of credit as specified in division (B) of this section: the subdivider may submit a certified check (cashier's check) to the County Auditor made payable to the county in an amount equivalent to 100% of the estimated costs to complete the improvements as determined by the County Highway Engineer and County Surveyor. In this event, the subdivider shall be entitled to receive progress payments from the funds deposited by the subdivider of not more than 90% of the value of any work completed; provided, however, that all such work completed shall have been inspected and approved by the registered professional engineer or land surveyor responsible for inspecting the basic and street improvements. The remaining 10% of the cashier's check over and above the 90% progress payments shall be paid by the County Auditor upon receipt by the Area Plan Commission of a certificate of completion of basic and street improvements as provided in § 154.021. Any payments or release of funds by the County Auditor shall be made only upon receipt of an approval certificate signed by the Area Plan Commission Executive Director.
(D) In the event that surety is required, which shall be in the form of an irrevocable letter of credit or cashier's check, the time for each shall be as follows.
(1) Streets and drainage.
(a) First submittal. Shall be a minimum of one year and maximum of two years. If a cashier's check is used, it shall be deposited into an escrow account with the Warrick County Auditor.
(b) Second submittal. If the improvements have not been completed; the subdivider may have their engineer submit a certified report of percentage of street and drainage completion yet to be finished and the dollar amount required to complete the work. This submittal must be made to the Area Plan Commission office a minimum of 30 days prior to the expiration date of the one or two year expiration time line. The County Highway Engineer shall make an inspection to verify said Engineer's certification. Once the County Engineer gives his written approval, the subdivider may submit a new letter of credit a minimum of ten days prior to the expiration date of the one being replaced. The new letter of credit shall not exceed a time period of one year. In the case of a cashier's check, a claim shall be submitted to the County Auditor for the reduced dollar amount with the remainder needed for the completion to remain in the escrow account. The time period for this shall not exceed one year.
(c) Third submittal. At the discretion of the Warrick County Board of Commissioners, an extension of one additional year may be granted upon a written request which shall be submitted to the Area Plan Commission office a minimum of 30 days prior to the expiration date of the current surety in place. This request must be placed on the agenda of the Warrick County Commissioners.
(d) Fourth submittal. In the event the subdivider can demonstrate that due to some unforeseen circumstance or hardship beyond his or her control and not self-created, they may request a second and final extension to be granted by the Warrick County Board of Commissioners if improvement location permits have been issued for less than 75% of the subdivision lots. At the discretion of the Warrick County Board of Commissioners, they may grant the extension for such period of time they deem adequate, however, not less than one year and not to exceed two years.
(2) Sidewalks.
(a) First submittal. Shall be for a minimum of one year and a maximum of five years. In the case that the subdivider has existing letters of credit for sidewalks on sections of the same subdivision, the subdivider may have the expiration date of less or more time than the time allowed to be the same expiration date of other letters of credit being held on that development. This will not shorten or lengthen the time period allowed to complete the improvements.
(b) Second submittal. If the improvements have not been completed; the subdivider may have his or her engineer submit a certified report of percentage of sidewalk completion yet to be finished and the dollar amount required to complete the work. This submittal must be made to the Area Plan Commission office a minimum of 30 days prior to the expiration date of the existing letters of credit or date cashier's check was submitted. The County Highway Engineer shall make an inspection to verify said Engineer's certification. Once the County Highway Engineer gives his or her written approval, the subdivider may submit a new letter of credit a minimum of ten days prior to the expiration date of the one being replaced. The new letter of credit shall not exceed a time period of one year. In the case of a cashier's check, a claim shall be submitted to the County Auditor for the reduced dollar amount with the remainder needed for the completion to remain in the escrow account. The time period shall not exceed one year.
(c) Third submittal. At the discretion of the Warrick County Board of Commissioners, they may grant an extension of one additional year upon written request of the subdivider and provided he or she follows the previously mentioned procedure for submittal by the subdivider's engineer and agreed upon by the County Highway Engineer. This request must be placed on the agenda of the Warrick County Commissioners.
(d) Fourth submittal. In the event the subdivider can demonstrate that due to some unforeseen circumstance or hardship beyond their control and not self-created, they may request a second and final extension to be granted by the Warrick County Board of Commissioners. If improvement locations permits have been issued for less than 75% of the subdivision lots, at least one side of each street must be installed for pedestrian safety and convenience by this time. This is to be certified to by their engineer and verified by the County Highway Engineer.
(3) There shall be no reduction in the dollar amount of any surety during it's term.
(E) At such time all street construction has been completed and streets accepted for maintenance and sidewalk construction acknowledged, any irrevocable letter of credit guaranteeing the construction shall be released.
(1) The subdivider may submit an irrevocable letter of credit in favor of the Board of County Commissioners to be held by the Area Plan Commission and in an amount equivalent to 100% of the cost of completion of the uncompleted portion of required basic improvements.
(2) The subdivider may submit any combination of an irrevocable letter of credit or cashier's check to the county in an aggregate amount equivalent to 100% of the cost of completion of the uncompleted portion of required public improvements.
(3) If water and/or sewer lines are required per this chapter, proof of financial responsibility provided by subdivider to the municipality furnishing water and/or sanitary sewage may be accepted as the proof of financial responsibility required by this section provided the Area Plan Commission has received written assurances from such municipality which furnishes such services.
(a) With respect to the installation or extension of water, sewer, or other utility service, the applicant may show by written evidence that he or she has entered into a contract with the political subdivision providing the service; and
(b) The Area Plan Commission determines based on written evidence that the contract provides satisfactory assurance that the service will be installed or extended in compliance with this chapter; or
(c) The plat and the applicable deed shall display the following notations:
The utility will not sell sewer/water taps for any lot in this subdivision until the sewer/water lines servicing the subdivision are installed and deemed substantially complete by said utility. Warrick County will not issue Improvement Location Permits or Building Permits for any lot in this subdivision until a sewer/water tap for the lot is issued by said utility.
(4) Any means of financial responsibility submitted by the subdivider in lieu of an irrevocable letter of credit, such as a cashier's check, shall comply with all statutory requirements and shall be satisfactory to the Attorney of the County Commissioners as to form, sufficiency and manner of execution.
(G) Upon certification of completion of all basic and street improvements as required in § 154.021, the County Commissioners shall release the irrevocable letter of credit or cashier's check that has been posted to guarantee completion of the improvements and discharge the subdivider and surety from further liability or responsibility thereunder. Any financial instrument (i.e., cashier's check) used by the subdivider in lieu of an irrevocable letter of credit shall likewise be released with a discharge of further liability or responsibility for completion of the improvements.
(BC Ord. 2006-05, passed 3-20-06; Am. BC Ord. 2007-22, passed 9-12-07; Am. BC Ord. 2013-29, passed 11-12-13; Am. BC Ord. 2021-01, passed 1-11-21)