(A) Unless waived by the Board of Commissioners, the subdivider shall:
(1) Complete all street construction, sidewalk construction, and drainage improvements in accordance with the approved subdivision street plans and drainage plans. Street construction and drainage improvements shall be constructed within two years of issuance of the subdivision plat release (unless an extension is granted by the Board of Commissioners). Sidewalks shall be constructed within five years of the issuance of the subdivision plat release (unless an extension if granted by the Board of Commissioners). In the event an extension has been granted, the amount of the irrevocable letter of credit shall not be reduced prior to its expiration date and the extension of the irrevocable letter of credit or a new irrevocable letter of credit shall be in force prior to the beginning of the extension period.
(2) Make application to the officer of the Area Plan Commission for the acceptance of the subdivision streets for maintenance by the Board of Commissioners by the time that two years has elapsed from the issuance of the subdivision plat release (unless an extension has been granted).
(B) The application for acceptance of maintenance shall be accompanied by a filing fee as set by the Area Plan Commission or the Board of Commissioners pursuant to I.C. 36-7-4-411:
(1) Four copies of the secondary plat; and
(2) Pursuant to § 154.021(B), a certificate from a licensed professional engineer attesting that all required non-street improvements have been installed in accordance with all applicable provisions of this chapter.
(C) Subsequent to receipt of the application for acceptance of maintenance, the County Engineer shall conduct a field inspection of the subdivision's street improvements and make a report of said inspection as well as previous inspections during construction (pursuant to § 154.021) to the Board of Commissioners. The report shall list all deficiencies, if any, shall need to be corrected as a condition for acceptance by the county of the roadways for maintenance. However, the Board of Commissioners may require an irrevocable letter of credit in the amount to cover possible repairs to any completed improvements, including roadway and drainage, if the improvements have not passed through a seasonal freeze-thaw cycle.
(D) If the findings of the County Engineer's report do not reveal any deficiencies, the Board of Commissions shall have no other course than to accept the subject roadways for maintenance.
(E) Whenever a subdivider receives a subdivision plat release he or she shall, in addition to all other requirements, maintain the streets as laid out and established on the subdivision plat in accordance with the minimum standards for subdivision street maintenance established by the Board of Commissions until such time as the streets are accepted for maintenance.
(F) Whenever a subdivider, his or her agents, employees or assigns, conveys lots in a subdivision, in which the streets have not been accepted for maintenance by the Board of Commissioners, he or she shall cause to be printed in bold print across the face of the deed of conveyance the following:
"STREET, ROAD AND OTHER MINIMUM IMPROVEMENTS IN THIS SUBDIVISION HAVE NOT BEEN MADE AND THE COUNTY WILL NOT ACCEPT THE SAME FOR MAINTENANCE UNTIL THE OWNERS OF THE VARIOUS LOTS HEREIN IMPROVE THE SAME UP TO SAID MINIMUM STANDARDS."
In like manner, the Executive Director of the Area Plan Commission shall cause the same language to be stamped or printed on the Secondary Plat regardless of whether or not lots are being conveyed in the subdivision.
(BC Ord. 2006-05, passed 3-20-06)