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08-08-11 Council Agenda & Packet
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08-08-11 Council Agenda & Packet
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t <br /> Section I1. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14, Subdivisions, <br /> Section 21-14.04, Minor Subdivisions, is hereby amended as follows: <br /> (c) Minor subdivision review, appeal and approval procedure <br /> (5) Notice of Committee's action. Within ten (10) five 5 days after the Committee's <br /> acts _ion on the subdivision, the Staff shall provide all interested parties with a copy of <br /> the findings of fact and decision signed by the Secretary of the Committee, and notify <br /> them in writing of their right to appeal the Committee's decision to the Commission. <br /> Appeals shall be in writing, state the reason for the appeal and shall be filed within <br /> fiyej5)days of the date of the notice by the Secretary. <br /> (6) If no appeal has been filed: <br /> (A) If the subdivision for which secondary approval has been requested, received <br /> primary approval by the Committee, no appeal has been filed within teft(10 five <br /> days of the date of the notice of the Committee's action, and all modifications <br /> or conditions placed upon the subdivision by the Committee, if any, have been <br /> complied with or corrected, the Staff shall give secondary approval to the <br /> subdivision and affix the Commission's seal and certificate of approval on the <br /> original drawing and record the subdivision per section 21-14.O4(c(10). <br /> (B) If the subdivision for which secondary approval has been requested, received <br /> primary approval by the Committee, no appeal has been filed within ten (10) five <br /> days of the date of the notice of the Committee's action, and all modifications <br /> or conditions placed upon the subdivision by the Committee, if any, have not been <br /> complied with or corrected within two years, the Staff shall deny secondary <br /> approval to the subdivision. The Staff shall provide written notice to the <br /> subdivider signed by the Secretary of the Committee, which sets forth its reasons <br /> for disapproval, and release the original drawing of the subdivision to the <br /> registered land surveyor who prepared it. <br /> (C) If the subdivision was denied primary approval by the Committee and no appeal <br /> has been filed within tee(10) five 5 days of the notice of the Committee's action, <br /> the Staff shall release the original drawing of the subdivision to the registered <br /> land surveyor who prepared it. <br /> (7)' If an appeal has been filed. If an appeal has been filed within ten(10) five 5 days of <br /> the date of the notice of the Committee's action, the Staff shall announce the date, <br /> time and place of the meeting at which the Commission shall consider the <br /> subdivision, and shall give due notice in writing to all interested parties at least ten <br /> (10) days before the date set for the hearing. The Staff shall prepare a report with a <br /> recommendation for Commission consideration. <br />
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