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ADOPTING ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
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TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
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§ 154.021 INSPECTION OF IMPROVEMENTS DURING CONSTRUCTION.
   (A)   Street improvements inspection by County Highway Engineer. Installation of all street improvements shall be inspected by the county or the participating city or town within whose territorial boundaries the subdivision is located. At least a 24 hour notice shall be given the County Highway Engineer or town board of the participating jurisdiction prior to the installation of any pavement for street construction. Such inspections are required in all instances regardless of whether the work is performed before or after the subdivision plat has been recorded. Failure to request inspection of work performed after may be cause for denial of acceptance of the streets by the county or participating jurisdiction for maintenance.
   (B)   Basic and street improvements inspection by Registered Engineer. The installation of all basic and street improvements shall be inspected during construction by a registered professional engineer at the expense of the subdivider. If, on the basis of this (these) inspection(s) and a final inspection upon completion of construction, the engineer finds that all basic and street improvements have been constructed in accordance with the requirements of this chapter, the said engineer shall provide the Area Plan Commission with a certificate to that effect. By this rule, the Area Plan Commission hereby prescribes the principal procedure for determining whether all non-street improvements and installations have been constructed and completed as required by this chapter.
(BC Ord. 2006-05, passed 3-20-06)
§ 154.022 PROOF OF FINANCIAL RESPONSIBILITY.
   (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.
   (F)   All improvements to be installed in a subdivision shall comply with the requirements of §§ 154.070 through 154.078 and 154.090 through 154.102.
   (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)
§ 154.023 SECONDARY PLAT APPROVAL.
   (A)   The Executive Director shall examine the secondary plat and all accompanying documentation to determine whether they conform with the primary plat and with all changes permitted and all requirements of this chapter imposed as a condition of the secondary plat's acceptance. If the Executive Director shall determine not to approve said plat, they shall advise the subdivider of the changes or additions that must be made before approval will be granted, and shall set forth its reasons in its own records and provide the applicant a copy. If the secondary plat does not conform substantially to the approved primary plat then the Executive Director shall forward said secondary plat to the Commission for approval. If Executive Director and/or Commission shall determine to approve the plat, it shall affix the Commission's seal upon the plat, together with the certifying signatures of its President and Executive Director.
   (B)   Plat release.
      (1)   Provided the Executive Director and/or Area Plan Commission has granted secondary approval, the plat release shall be executed by the Executive Director upon receipt of a plat release fee as set by the Area Plan Commission (pursuant to I.C. 36-7-4-411) has been paid to the Area Plan Commission.
      (2)   Exclusion:
         (a)   There shall be no fee required for any application by a participating unit of government in the Area Plan Commission.
         (b)   Corrected plat due to an error or omission.
(BC Ord. 2006-05, passed 3-20-06)
§ 154.024 COMPLETION OF STREET IMPROVEMENTS AND ACCEPTANCE OF MAINTENANCE BY COUNTY.
   (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)
PROCEDURES FOR SUBMISSION OF MINOR SUBDIVISIONS
§ 154.035 APPLICATION AND FEES.
   (A)   A subdivider desiring approval of a plat for a minor subdivision of any land lying within the jurisdiction of the Area Plan Commission shall submit a plat of the subdivision in accordance with this subdivision to the Area Plan Commission.
   (B)   A minor subdivision plat may be filed for approval for any division of land creating not more than three new parcels (that is three new parcels excluding the residual of the original parcel) provided that:
      (1)   The original parcel was not previously subdivided in the past 12 months;
      (2)   All parcels have frontage on an existing street with an improved right-of-way maintained by the county or other participating jurisdiction;
      (3)   No extension of existing or creation of new streets, municipal facilities or public improvements is proposed;
      (4)   It does not adversely affect the remainder or the parcel or adjoining projects; and
      (5)   It does not conflict with any provision or portion of the Comprehensive Plan, the Thoroughfare Plan, Zoning Ordinance (both text and map), or this chapter.
   (C)   No land shall be subdivided if such land is considered by the Commission to be unsuitable for such use by reason of flooding or improper drainage, objectionable earth and rock formation, topography, or any other feature harmful to the health and safety of future residents and of the community as a whole.
   (D)   At the time of filing of an application for minor subdivision plat approval, the application shall be accompanied by an application fee as set by the Area Plan Commission pursuant to I.C. 36-7-4-411.
(BC Ord. 2006-05, passed 3-20-06)
§ 154.036 NOTICE OF PUBLIC HEARING.
   Three different circumstances exist for public notice and opportunity to comment on the minor subdivision application:
   (A)   If the subdivider has obtained the signatures of all abutting property owners stating their approval (or no objection to Area Plan Commission approval of the plat) and such accompanies the minor subdivision plat at the time of application for approval by the Area Plan Commission, no further public notice nor a public hearing are necessary, and the Executive Director of the Area Plan Commission may certify (approve) the minor subdivision plat for recording.
   (B)   If the subdivider has not obtained the signatures of all abutting property owners stating their approval at the time of the application to the Area Plan Commission for approval of the plat, the applicant shall give notice of the right to voice objections to the Subdivision Review Committee and then the right to appeal to the full Area Plan Commission to all abutting property owners of record. Within seven days of filing of the application, the notice shall be sent by the applicant to abutting property owners of record by certified mail with return receipts using a prescribed form furnished by the Area Planning Commission. The notice of the right to voice objections to the Subdivision Review Committee and then the right to appeal to the full Area Plan Commission shall inform the abutting property owner that he or she has ten days from the post-marked date of the mailing of the notice to submit a written objection (the address of the Area Plan Commission being included in the notice) to the Area Plan Commission for an audience before the Subdivision Review Committee. Only abutting property owners of record shall make such an objection, and the objection shall be heard before the Subdivision Review Committee before the objector may appeal to the full Area Plan Commission. An affidavit which lists the abutting property owners and attests that notice has been duly given to said property owners must be filed with the Area Plan Commission along with all return receipts within ten days of the filing of the application. Two possible actions may occur:
      (1)   If the affidavit is in order and no oral nor written objection has been received by the Area Plan Commission on or before the close of the ten days of notification of the abutting property owners, the Executive Director of the Area Plan Commission may certify (approve) the minor subdivision plat for recording.
      (2)   If on the other hand, an oral or written objection is received by the Area Plan Commission on or before the close of the tenth day subsequent to the notification of the abutting property owners, the Executive Director of the Area Plan Commission shall announce, within 14 days of receipt of the application, the date that the objection will be reviewed by the Subdivision Review Committee by giving written notification to the applicant and the objector.
      (3)   Following the review before the Subdivision Review Committee, the Executive Director of the Area Plan Commission may approve, disapprove (with written findings that set forth its reasons for denying approval and provide the applicant a copy) the minor subdivision application, or request the full Area Plan Commission to review the matter. If the application is to be approved, the Executive Director shall inform all objectors by certified mail of their right to appeal to the full Area Plan Commission by oral or written request within ten days. Only those abutting property owners who have raised an original objection and requesting a review by Subdivision Review Committee can appeal to the full Area Plan Commission. If no oral or written appeal is received within ten days, the Executive Director of the Area Plan Commission shall certify (approve) the minor subdivision plat for recording.
   (C)   After the Subdivision Review Committee has met and the Executive Director has made a finding to deny the subdivision, the applicant may appeal to the full Area Plan Commission. After the Subdivision Review Committee has met and the Executive Director has informed all objectors of the intent to approve the subdivision, an original objector who is also an abutting property owner may appeal orally or in writing to the full Area Plan Commission within ten days of receiving notice of the intent to approve the subdivision. Finally, the Executive Director may request an appeal before the full Area Planning Commission. Under any of these three circumstances, the Area Planning Commission will hold a public hearing at the next scheduled Area Planning Commission and the Executive Director shall give written notice to the applicant and any objectors of the date of the public hearing.
(BC Ord. 2006-05, passed 3-20-06)
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