(A) The Plan Commission may grant secondary approval for all or any part 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 the subdivision improvement agreement.
(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, that meets the following requirements:
(a) One hundred twenty five percent (125%) 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 Plan Commission attorney.
(3) Proof of financial responsibility may take the following form:
(a) An irrevocable letter of credit.
(b) A performance bond.
(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.
(Ord. 2014-03, passed 5-12-14)