Plan Commission approves reduced guarantee for Westbury North subdivision, sets conditions

The Monroe County Plan Commission voted 7-0 to reduce the financial guarantee for SIA-22-8, the Westbury North major subdivision, and set conditions requiring a new subdivision improvement agreement and updated recorded commitments.

Planning staff told commissioners the original financial guarantee submitted July 20, 2024, was $143,617.27. The petitioner reported improvements valued at $133,767.27 and had requested a release based on remaining work valued at $9,850. Staff reviewed recently submitted as-built drawings and contractor estimates and recommended a larger retained amount to cover identified deficiencies and a 10% contingency.

The commission approved holding $35,826.20 in the county letter of credit after the reduction. The approval includes two conditions: the written commitment on file with the recorder must reflect the latest list of use limitations, and the subdivider must file a new subdivision improvement agreement and performance bond stating a final performance completion date of June 30, 2025, at which time the subdivider must request release of funds and submit approved as-builts.

Staff reported the stormwater review identified underdrains missing in detention ponds, with an Indiana DOT-based cost estimate of $11,398 to install the drains; the highway department estimated remaining sidewalks and pavement items at $15,171.11. Staff also noted an amended soil application for the detention ponds estimated at about $6,000. Those items, plus a 10% contingency applied per the prior subdivision control ordinance, produced staff's recommended retained amount.

Commissioners discussed whether an inflation adjustment from the county's newer ordinance should apply if the subdivider needed an extension beyond the new June 30, 2025 completion date. Staff told the commission the reduction application is being processed under the prior subdivision control ordinance (Chapter 858) because the application was filed before the county development ordinance took effect, and that any extension would be subject to inflation adjustments required by the newer ordinance at the time of extension.

The commission said the petitioner's irrevocable letter of credit dated July 27, 2024, required the county to instruct the bank whether to renew at the prior amount or the lowered amount; that timing was a factor in keeping the item on the agenda.

The motion to reduce the performance bond to hold $35,826.20 was approved 7-0. Commissioners voting yes were Tran Enright Randolph, Scott Ferris, Rudy Fields, Edward Ullman, Julie Thomas, David Bush and Margaret Clements.

The action is administrative and does not alter any separate approval conditions that must be removed by the County Commissioners. The commission's motion specifically preserved the previously adopted uses and required recording and a performance completion date as described above.