153.05 Assurance For Completion and Maintenance of Improvements
153.05 ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS
(a) Improvements and performance bond
(1) Completion of improvements
Before the final subdivision plat is signed by the President and Executive Secretary of the Plan Commission, applicants may be required to complete, in accordance with the Plan Commission or Plat Committee decision and to the satisfaction of the City Engineer or County Engineer, or Richmond Sanitary District, all the street, sanitary and other improvements as required in this Ordinance, and to dedicate same to the City or other government agency, free and clear of all liens and encumbrances, and to provide a three (3) year maintenance bond covering said public improvements.
(2) Performance bond
(A) The Plan Commission or Plat Committee, at its discretion, may waive the requirements that the applicant complete and dedicate all public improvements prior to the signing of the final subdivision plat, and that, as an alternative, the applicant submit Construction plans and post a bond at the time of application, for secondary approval, in the amount determined by the Plan Commission or Plat Committee as sufficient to secure to the City of Richmond, Indiana, or the Richmond Sanitary District or Wayne County, Indiana, the satisfactory construction, installation, and dedication of the incomplete portions of the required improvements. The performance bond shall also secure the placement of all surveyor’s monuments as requested in this Ordinance.
(B) Such performance bond shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution as set forth in this Ordinance. The bond shall run to the government unit having jurisdiction over the public improvement. The period within which the required improvements must be made shall be specified by the Plan Commission or Plat Committee and shall be incorporated in the bond.
The Plan Commission or Plat Committee may, upon proof of difficulty, authorize the extension of the completion dates set forth in such bond for a maximum period of one (1) additional year.
(3) Failure to complete improvement
For subdivisions for which no performance bond has been posted, if improvements are not completed within the period specified by the Plan Commission or Plat Committee, the approval shall be deemed to have expired. In those cases where a performance bond has been posted and the required improvements have not been installed within the terms of such performance bond, the City of Richmond, Indiana, or the Richmond Sanitary District, or Wayne County, Indiana, may thereupon declare the bond to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the bond is declared in default.
(4) Acceptance of dedication offers
(A) Acceptance of formal offers of dedication of sewers, streets, public areas, easements and parks by the appropriate governmental unit shall be in accordance with the procedure set forth in the Indiana Code.
(B) The approval by the Plan Commission or Plat Committee of a subdivision plat shall not be deemed to constitute or imply the acceptance by the Richmond Sanitary District or the City of Richmond or WayneCounty of any street, sewer, easement or park shown on said plat. The Plan Commission or Plat Committee may require said plat to be endorsed with appropriate notes to this effect.
(b) Inspection of improvements
(1) General procedure
The Richmond Sanitary District or the City Engineer or the CountyEngineer, as appropriate, shall be notified by the sub-divider forty-eight (48) hours in advance of the starting date of any work on the proposed public improvement within a subdivision. All material delivered to the job shall be subject to inspection at the source and/or site, and may be rejected at either location. Final approval of the work rests with the Richmond Sanitary District or the City Engineer or the CountyEngineer, as appropriate, and the performance bond shall be retained in full effect until the acceptance of the work is made officially. All inspections of materials and work when performed by other than Sanitary District, County or City employees shall be made at the expense of the owner.
(2) Release or reduction of performance bond
(A) Certificate of satisfactory completion
(i) Upon completion of the public improvements proposed in the subdivision, the sub-divider’s professional engineer and/or land surveyor who is licensed in the State of Indiana, shall certify to the City Engineer or Wayne County Highway Engineer or the Richmond Sanitary District that he has made periodic inspections of the work and to the best of his knowledge and belief, all improvements have been constructed in accordance with the approved plans and specifications and four (4) sets of certified as built drawings have been filed with each of the applicable governmental units.
(ii) The Board of Public Works and Safety or the Wayne County Commissioners or the Richmond Sanitary District will not accept dedication of required public improvements nor release or reduce the performance bond until the City Engineer or Wayne County Highway Engineer or Richmond Sanitary District, as appropriate, has approved the certification of the sub-divider’s licensed professional Engineer and/or land surveyor and recommended that said public improvements be accepted.
(B) Reduction of performance bond
A performance bond shall be reduced upon official acceptance of public improvements and then only to the ratio that the public improvement accepted bears to the total public improvements for the plat. In no event shall a performance bond be reduced below twenty-five percent (25%) of the principal amount.
(c) Maintenance of improvements
(1) The applicant shall be required to maintain all public improvements on the individual subdivided lots and for snow removal on streets and sidewalks, if required, until acceptance of aid improvements by the appropriate governmental unit. In the event the sub-divider does not maintain said public improvements, the governmental unit may authorize emergency repairs and charge same to the sub-divider.
(2) Before the acceptance of any streets, sidewalks, curb and gutter, sewer or other public improvements the sub-divider shall furnish a three (3) year Maintenance Bond covering such improvements which shall run to the Richmond Board of Public Works and Safety, Wayne County Board of Commissioners, or the Richmond Board of Sanitary Commissioners. Said bond shall:
(A) Provide surety satisfactory to the Board having jurisdiction.
(B) Include a certificate from the owners’ licensed professional engineer or land surveyor, certifying that he has made periodic inspections of work, and to the best of his knowledge and belief all improvements have been constructed in accordance with the approved plans and specifications and four (4) sets of certified as built drawings have been filed with each of the applicable governmental units.
(C) Provide that for a period of three (3) years after the date of the Board’s hearing at which the applicant submitted this maintenance bond, the applicant will, at his own expense, make all repairs to said improvements which may become necessary by reason of improper workmanship or materials, with such maintenance, however, not to include any damage to said improvements resulting from forces or circumstances beyond the control of said applicant or occasioned by the inadequacy of the design intent of these specifications.
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