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HomeMy WebLinkAboutApplication Information Page 1 of 1 Donahue -Wold, Alexia K From: Donahue -Wold, Alexia K Sent: Tuesday, September 01, 2009 5:06 PM To: Blanchard, Jim E; Boone, Rachel M.; Brewer, Scott I; Conn, Angelina V; DeVore, Laura B; Duncan, Gary R; Hancock, Ramona B; Hollibaugh, Mike P; Holmes, Christine B; 'John Molitor'; Keeling, Adrienne M; Littlejohn, David W; Martin, Candy; Redden, Nick; Stewart, Lisa M; Tingley, Connie S; Weddington, Trudy A. Cc: Donahue -Wold, Alexia K Subject: Docket No. Assignment: SCO Ch 4: Definitions, Amendment #09090004 OA) I have issued the necessary Docket Number for (OA) SCO Ch 4: Definitions, Amendment. It ie is the following: Docket No 09090004 OA SCO:.Ch 4: :Definitions, Amendment The applicant seeks to amend Chapter 4. Definitions of the Subdivision Control Ordinance in order to add definitions for Preliminary Plat. and Final Plat. Filed by the Department of 5 Community Services, on behalf of the Carmel Plan Commission. Fees: Ord Amend Application 0.00 (exempt) Total Fee: 0.00 Please note the following: 1. This Item will not be on an agenda of the Technical Advisory Committee (TAC). 2. Published Public Notice will occur no later than Friday, September 4 in the Indianapolis Star. 3. Fifteen (15) Informational Packets will be delivered to Plan Commission Secretary Ramona Hancock no later than NOON, Friday, Sept. 4. 4. This item will appear on the September 15 agenda of the Plan Commission (under "Public Hearings 6. This item might also appear on the October 6 agenda of the Plan Commission Subdivision Committee. If you have any questions, feel free to contact me. Thank you, Alexia Donahue Wold Planning Administrator City of Carmel, DOCS One Civic Square Carmel, IN 46032 317.571.2417 awold @carmel.in.gov A Please consider the environment before printing this e-mail 9/2/2009 0551 \D\ c S vba Nit rv- er cov ce. 6 d S or-cl a.r■ne /v4 S 9• 5, 2. Cpl P.G. rvut From the Carmel Subdivision Control Ordinance S Co 5.07 Provisions for Financial Performance and Maintenance Guarantees for Subdivisions. As a prerequisite to final plat approval, the subdivider shall agree to provide financial performance and maintenance guarantees for public facility improvements and installations to be constructed in and, as necessary for proper connection and system coordination, adjoining the proposed subdivision. The public facility improvements and installations shall include streets (base and paving, individually), curbs and gutters, sidewalks, storm water drain and storm sewer systems, sanitary sewer systems, water supply systems, street name signs, monuments and markers and the various appurtenances related thereto. All construction shall be according to plans submitted as portion of final plat and accompanying data, subject to standards and specifications cited herein. Non public facility improvements and installations shall be subject to financial guarantees established by their ownership. 5.07.01 Performance Guarantee. Prior to or at the time of final plat approval, the subdivider shall be required to provide financial performance guarantee, by certified check, performance bond, or any irrevocable, unconditional, acceptable letter of credit issued by a financial institution acceptable to the Plan Commission, that all public facility improvements and installations required under the provisions of this ordinance shall be completed. Bonds, checks, and letters are to run to: A. City of Carmel jurisdiction: City of Carmel B. Hamilton County jurisdiction: Board of Commissioners of Hamilton County Said financial performance guarantee shall be conditioned upon the following: 1. The completion of public facility improvements and installations shall be within two (2) years from the recording of the final plat; 2. A penal sum shall be fixed and approved by the Commission equal to one hundred percent (100 of the total estimated current cost to the city or county of all public facility improvements and installations provided in the final plat and accompanying data according to specifications cited herein; 3. Each public facility improvement or installation provided in the final plat or accompanying data shall be bonded individually, or shall have an individual certified check or letter of credit to cover the penal sum, and shall not have the performance guarantee provided in combination with any of the other public facility improvements and installations. 4. The performance bond, certified check, or letter of credit shall be issued in the name of the owner, developer, contractor or other responsible party as determined by the Plan Commissioner. 5.07.02 Extension of Completion Time and Non Performance. 1. Should the subdivider not complete the public facility improvements and installations as herein required within the stated two (2) year period, the Building Commissioner may approve an extension of time of up to two (2) additional years, granted at six (6) month intervals, for completion of the required public facility improvements and installations. 2. Should the subdivider not complete the public facility improvements and installations as herein required within the two (2) year period or within any time extension approved by the Building Commissioner, the proper authorities may take the necessary steps to proceed with the completion of the public facility improvements and installations, making use of the certified check, performance bond or letter of credit. 5.07.03 Release of Performance Guarantee. Upon the completion of the required public facility improvements and installations according to the recorded secondary plat, approved development plans, accompanying data and the standards cited herein, the subdivider shall provide the Department of Community Development with two (2) sets of as -built drawings showing all site improvements, including but not limited to drainage and sewerage systems, water distribution systems, signs, and monuments as they were constructed and installed, and including certificates by a Professional Engineer or Land Surveyor that all improvements were installed as shown and in conformance with this Ordinance and all applicable standards and requirements of the appropriate governmental jurisdictions. The subdivider may then request the release of the performance guarantee posted with the proper authority. Upon the receipt of a maintenance guarantee, as specified herein, the proper authority shall release the performance guarantee within sixty (60) days. The performance guarantee for each individual public facility improvement or installation may be handled separately and shall in no way be contingent on the completion of any of the other individual public facility improvements and installations or their performance guarantees. 5.07.04 Maintenance Guarantee. Prior to the release of the performance guarantee, the subdivider shall be required to provide financial maintenance guarantee, by certified check or maintenance bond, that all public facility improvements and installations required under the provisions of this Ordinance shall be maintained according to specifications cited herein. Bonds and checks are to run to: A. City of Carmel jurisdiction: City of Carmel B. Hamilton County jurisdiction: Board of Commissioners of Hamilton County. Said financial maintenance guarantee shall be conditioned upon the following: 1. The maintenance guarantee shall run and be in force for a period of three (3) years from the date of release of the performance guarantee. 2. A penal sum shall be fixed and approved by the Commission but in no case shall the penal sum be less than fifteen percent (15 of the total performance guarantee for streets and ten percent (10 of the performance guarantee for all other public facility improvements and installations. The minimum maintenance guarantee to be posted for streets shall be no less than $5,000.00. 3. Each public facility improvement or installation shall be bonded individually, or shall have no individual certified check to cover the penal sum, and shall not have the maintenance guarantee provided in combination with any of the other public facility improvements and installations. 4. The maintenance bond shall be issued in the subdivider's name alone or in the name of the subdivider and his subcontractor as co- signers. All certified checks provided for financial maintenance guarantee shall be signed by the subdivider alone. 5.07.05 Release of Maintenance Guarantee. All maintenance bonds shall expire at the end of the three -year period for which they were established. Within sixty (60) days of the expiration date, the proper authority shall return said expired maintenance bonds to the subdivider. In the case where a certified check has been posted as a maintenance guarantee, the subdivider shall, at the end of the three -year maintenance period, contact the proper authority in order to obtain the release of the maintenance guarantee. The proper authority shall return said maintenance guarantee to the subdivider within sixty (60) days. The maintenance guarantee for each individual public facility improvement or installation may be handled separately and shall in no way be contingent on the completion of any of the other individual public facility improvements and installations or their maintenance guarantees. CARMEL PLAN COMMISSION From Article XI of the Rules of Procedure (Effective August 21, 2007) Section 3. A. The Subdivision Committee shall be appointed by the president of the Commission, for one year and shall meet as required. Vacancies shall be filled immediately by the president. B. The Subdivision Committee shall review in detail, and file a written report with the Commission, on the proposals presented to the Commission and referred to the Committee which deal specifically with Primary Plat Applications, Residential Planned Unit Developments, matters specifically concerning the design and operation of all subdivisions, and other matters which are from time to time assigned to it by the Commission. In addition, pursuant to IC 36-7 4-402(d), the Commission hereby designates and empowers the Subdivision Committee to review, and approve or disapprove, all Primary Plat Amendment petitions that are filed with and docketed by DOCS. C. The Commission hereby designates and appoints the Executive Committee of the Commission as its plat committee pursuant to IC 36- 7- 4- 701(e). Secondary Plats and related construction plans may be presented by Staff to the Executive Committee for resolution when not all concerns have been resolved between Staff and the petitioners. However, the Executive Committee may act under this paragraph only if the petitioner has given 25 days notice of the Executive Committee meeting to the same interested parties who received notice of the Primary Plat petition under Article VII of these Rules. Otherwise, the Commission hereby delegates to Staff the authority to grant Secondary Plat approvals, in accordance with IC 36 -7 -4 -710. D. Pursuant to IC 36- 7- 4- 709(c), the Director shall determine, based on inspections conducted by Staff, whether all improvements and installations as shown on the Primary Plat have been constructed and completed as required by the Subdivision Control Ordinance. However, in accordance with IC 36- 7- 4- 709(a) and (b), approval may be granted to a Secondary Plat for a subdivision in which the improvements and installments have not been completed as required by the Subdivision Control Ordinance, if: (1) the petitioner provides a bond, or other proof of financial responsibility as prescribed in the Subdivision Control Ordinance, that: (A) is an amount determined by the Commission or Executive Committee to be sufficient to complete the improvements and installations in compliance with the Ordinance; and (B) provides surety satisfactory to the Commission or Executive Committee; or (2) with respect to the installation or extension of water, sewer, or other utility service: (A) the petitioner shows by written evidence that it has entered into a contract with the political subdivision or utility providing the service; and (B) the Commission or Executive Committee determines based on written evidence that the contract provides satisfactory assurance that the service will be installed or extended in compliance with the Subdivision Control Ordinance. From the Indiana Code IC 36 -7 -4 -709 Subdivision control; secondary approval of plat; proof of financial responsibility; rule for determination of completion of improvements and installations Sec. 709. (a) Secondary approval under section 710 of this chapter may be granted to a plat for a subdivision in which the improvements and installments have not been completed as required by the subdivision control ordinance, if: (1) the applicant provides a bond, or other proof of financial responsibility as prescribed by the legislative body in the subdivision control ordinance, that: (A) is an amount determined by the plan commission or plat committee to be sufficient to complete the improvements and installations in compliance with the ordinance; and (B) provides surety satisfactory to the plan commission or plat committee; or (2) with respect to the installation or extension of water, sewer, or other utility service: (A) the applicant shows by written evidence that it has entered into a contract with the political subdivision or utility providing the service; and (B) the plan commission determines based on written evidence that the contract provides satisfactory assurance that the service will be installed or extended in compliance with the subdivision control ordinance. (b) Any money received from a bond or otherwise shall be used only for making the improvements and installments for which the bond or other proof of financial responsibility was provided. This money may be used for these purposes without appropriation. The improvement or installation must conform to the standards provided for such improvements or installations by the municipality in which it is located, as well as the subdivision control ordinance. (c) The plan commission shall, by rule, prescribe the procedure for determining whether all improvements and installations have been constructed and completed as required by the subdivision control ordinance. The rule must designate the person or persons responsible for making the determination. As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.13; P.L.337 -1985, SEC.1.