9495-04 Repealing and Replacing Chapter 21, Article 1 though 11 - The City of South Bend Zoning Ordinanace

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Section 21.02.12 Development Incentives for the SFl District (d) Maintenance of Common Open Space Areas. As a condition of approval, of the waiver of development requirements set forth above, the petitioner shall submit, at the time of filing of any plat application, documentary assurances that permanent dedication of the common areas shall be made and that adequate provision is being made for continuous and adequate maintenance of such common areas. The documentary assurances shall be forwarded to the Area Plan Commission at the time of review of a petition for primary plat approval. Further, the documentary assurances shall be incorporated in the secondary plat that is recorded with the office of the St. Joseph County Recorder. No exceptions to these requirements shall be permitted unless the Area Plan Commission determines that the petitioner has adequately provided for such upkeep, protection and maintenance of common areas through other legally binding perpetual agreements. (e) Filing for Primary Plat Approval. Petitioner may either file a primary plat for approval by the Area Plan Commission at the same time as the development plan for development incentives or may wait for the expiration of any appeal period. If a petitioner files a primary plat for consideration at the same time as the development plan for development incentives, any approval of such primary plat shall be conditioned upon the final approval, not subject to appeal, of the development plan for development incentives. Any petition for primary plat approval shall be filed in accordance with the requirements set forth in the Subdivision Control Ordinance. (f) Findings Required to Approve a Development Plan Utilizing Development Incentives in the SFl District. A development plan which incorporates development incentives for development in the SFl District (and thereby grant the waivers requested by the Petitioner) indicating compliance with this Section may only be granted upon finding that: (1) The use of area properties will not be adversely affected; (2) The proposed development plan demonstrates compliance with the provisions of: (A) Section 21-02.12 (a) -Additional Development Requirements For Development Incentives in the SF1 District; (B) Section 21-02.12 (b -Development Requirements Which May Be Waived as a Development Incentive; (C) Section 21-02.12 (c) -Design Features as Additional Development Requirements; and, 7 Ord. No.: 9495-04