Noble County planning commission approves Barkman secondary plat with bond and limited-access conditions

The Noble County Planning Commission voted unanimously Dec. 17 to approve the secondary plat for the Barkman/Barton subdivision — also described in packets as Major Subdivision No. 1295 — but attached conditions requiring a performance bond backed by third‑party engineer documentation and limited‑access language on both the major and administrative plats.

The commission’s approval follows an earlier primary‑plat approval in August that included conditions such as a 60‑foot right‑of‑way to meet Noble County Highway standards. At the public meeting, staff and commissioners reviewed the primary‑plat conditions and asked the applicant to clarify how driveway access, maintenance agreements and future splits of the remaining acreage would be handled.

Scott Ziegler, representing the property owner and the surveyor’s firm, told the commission the secondary plat materials include certificates of dedication and private‑street easements and that the developer intends to divide the remaining 20 acres into two 10‑acre tracts. Ziegler asked the commission to allow some flexibility on when private‑street improvements are physically installed, suggesting the driveway could be constructed at the same time as the first house and that the certificate of occupancy be withheld until the driveway is certified. “So we would like to suggest that you tie that to the occupancy of the first house,” Ziegler said.

Commissioners debated three compliance paths: require full street improvements before secondary‑plat approval; require a performance bond and supporting engineer estimate before final release; or allow driveway construction simultaneous with building but require certification before occupancy. Multiple commissioners and staff emphasized the value of third‑party engineer certification to set a defensible bond amount and to provide staff guidance on inspection and enforcement.

The motion approved by the commission conditions the secondary‑plat approval on submission of a performance bond with supporting documentation certified by a third‑party engineer — the bond must be equal to or greater than the certified cost of the private‑street improvements — and on placing limited‑access language on both the major and administrative plats. At the meeting the commission recorded the roll‑call vote: Jeff Cunningham, Sarah Reagan, Patty Gattman, Tom Griffith, Anita Hess, Glenn Lemon and Anne Klein voted in favor; Mary Weisong was absent; Randy Sexton voted in favor. The motion passed by a yes vote of 8–0.

Under the conditions, staff will not release the plats or accept improvement‑location permits for the affected lots until the bond and certified supporting documents are provided. The applicant said he will either obtain the bond after the engineer certifies the construction cost or install the road prior to seeking building permits, depending on timing and weather.

Next steps: staff will accept the bond and certification documentation to allow plat recording and future permitting. If the developer chooses to construct the road before seeking the bond, staff indicated they will document the certified improvements and release the plats accordingly.