(a)Secondary approval under section 710
of this chapter shall be granted to a plat for a subdivision in which the
improvements and installations 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 con
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(a) Secondary approval under section 710
of this chapter shall be granted to a plat for a subdivision in which the
improvements and installations 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 or plat 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.
(b) Any money received from a bond or otherwise shall be used only
for making the improvements and installations 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.
(d) As used in this section, "land developer" has the meaning set
forth in IC 6-1.1-4-12(a).
(e) As used in this section, "under development" means a situation
with respect to land in which a primary plat has been filed and
approved and work has commenced to make substantive physical
improvements to the land, excluding any work performed for the
purpose of preparing the land.
(f) Notwithstanding subsection (a), a local unit may not adopt or
enforce an ordinance, rule, or other policy requiring a land developer
of Class 1 or Class 2 structures to do any of the following:
(1) Obtain a performance bond or other surety before the date on
which the land developer records an approved secondary plat.
However, a local unit may require the land developer to obtain a
performance bond or other surety before an approved secondary
plat is recorded if the area under development is:
(A) within the existing public right-of-way; or
(B) related to erosion control.
(2) Obtain a maintenance bond that has an effective period greater
than three (3) years.
(g) After a secondary plat is approved, a local unit may require, as
the only condition precedent to recording the secondary plat, that the
land developer obtain a performance bond or other surety for
incomplete or unfinished streets, sanitary piping, storm water piping
systems, water mains, sidewalks and ornamental landscaping located
in common areas as defined in IC 6-1.1-10-37.5, and erosion control
that:
(1) are:
(A) in the approved development; or
(B) required to service the approved development; and
(2) are included within:
(A) the legal description of the recorded plat; or
(B) a section in the legal description of the recorded plat;
identified in the land developer's secondary plat filing.
(h) Any ordinance, rule, or policy requiring a land developer to
obtain a performance bond or other surety under subsection (g) must
include a provision for:
(1) the release of a performance bond or other surety upon
completion to the satisfaction of the local unit of the subject
matter upon which the performance bond or other surety was
obtained; and
(2) the partial release of the performance bond or other surety on
an annual or on a more frequent basis in accordance with a partial
release schedule agreed to in a signed writing by:
(A) the local unit, or the local unit's designated official or body;
and
(B) the land developer or the land developer's designated agent;
before or during development.
(i) A performance bond or other surety requirement under
subsection (f)(1) or subsection (g):
(1) must be based on a value provided for in an engineer's
estimate or an actual contract amount, if available, to complete:
(A) the portion of the area or improvement of the project; or
(B) the designated section in the project;
being bonded;
(2) may be based on an amount in excess of the full value of the
engineer's estimate or actual contract amount, as appropriate,
provided that any excess amount is based upon a reasonable
adjustment for the estimated cost of inflation of materials and
labor encompassed within the subject matter of the performance
bond or other surety; and
(3) may not include any land that is not under development at the
time the bond or other surety is required, such as sections of
adjacent or contiguous land that remain undeveloped, except to
the extent that the land not then under development is used to
access the site or provide utilities or other necessary services to
the land that is under development.
(j) A local unit may not require, as a condition precedent to
granting, issuing, or approving for any Class 1 or Class 2 structures:
(1) a building permit;
(2) an improvement location permit; or
(3) a structural building permit;
the completion of the subject matter upon which the performance bond
or other surety was obtained under subsection (g).
(k) This subsection applies to a local unit's grant, issuance, or
approval of a certificate of occupancy. A local unit may not require, as
a condition precedent to granting, issuing, or approving a certificate of
occupancy for any Class 1 or Class 2 structure, the completion of the
subject matter upon which the performance bond or other surety was
obtained under subsection (g), unless required under:
(1) IC 22-12;
(2) IC 22-13;
(3) IC 22-15; or
(4) another law;
to meet a local unit's basic needs for public health and safety.
[Pre-Local Government Recodification Citations: 18-7-2-20
part; 18-7-2-53; 18-7-4-709; 18-7-4-59; 18-7-5-53.]
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; P.L.126-2011, SEC.20;
P.L.105-2015, SEC.1; P.L.135-2017, SEC.3; P.L.125-2019, SEC.1;
P.L.42-2021, SEC.1.