08-08-11 Council Agenda & Packet

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Section III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14, Subdivisions, Section 21-14.05, Major Subdivisions, is hereby amended as follows: (d) Major subdivision; primary review, appeal and approval procedure (5) Notice of Committee's action. Within ten (10) five 5 days after the Committee's acting on the subdivision, the Staff shall provide the subdivider with a copy of the findings of fact and decision, signed by the Secretary of the Committee, and notify all interested parties of the Committee's decision and their right to appeal the Committee's decision to the Commission. Appeals shall be in writing, state the reason for the a eal and shall be filed within five 5 days of the date of the Committee's action on the subdivision. (6) If no appeal has been filed: (A) If the subdivision received primary approval by the Committee, and no appeal has been filed within fm (18) five 5 days of the date of the moo€Committee's action, the Staff shall affix the Commission's seal and certificate of approval on the original drawing and one copy of the original drawing. The original drawing shall then be released to the subdivider's registered land surveyor and the copy of the original drawing shall be retained in the files of the Commission. (B) If the subdivision was denied primary approval by the Committee and no appeal has been filed within teft(1$) five 5 days of the ftofiee e f 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 netiee e Committee's action, the Staff shall place the subdivision on the agenda of the Commission's first available meeting, mail due notice in writing to all interested parties at least ten (10) days before the date set for hearing and give notice of the hearing by publication in accordance with IC 5-3-1. The Staff shall prepare a report with a recommendation for Commission consideration. Section IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14, Subdivisions, Section 21-14.06, Subdivision Replats, is hereby amended as follows: (c) Subdivision replat; review, appeal and approval procedure (5) Notice of Committee's action. Within 0) five 5 days after the Committee's actions on the subdivision replat, 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 writiW state the reason for the appeal and shall be filed within five 5 days of the date of the notice by the Secret (6) If no appeal has been filed: