08-08-11 Council Agenda & Packet

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