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RESOLUTION NO. 19-2024 <br />A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS <br />ESTABLISHING REVIEW CRITERIA FOR REQUESTS TO VACATE PUBLIC WAYS <br />AND PUBLIC PLACES <br /> <br />WHEREAS, pursuant to Chapter 18, Article 5, of the South Bend Municipal Code, the <br />procedures are defined for vacating all or part of a City street, alley, or other public place or way. <br />WHEREAS, the South Bend Board of Public Works (the “City”), Indiana reviews and <br />recommends all vacating all or part of a City street, alley, or other public place or way. <br />WHEREAS, on May 28, 2024, the South Bend Common Council passed an ordinance amending <br />these procedures in response to challenges identified in the administration of this process by the <br />Common Council, the Clerk’s Office, and City employees. <br />WHEREAS, the amended procedures also provide for “the city “to establish clear evaluation <br />criteria to guide review of vacation requests. <br />WHEREAS, the amended procedures will also provide for clear timelines within which property <br />owners must proceed to filing an ordinance for a property vacation following review by the <br />Board of Public Works, as well as ensuring post-filing review by City staff to check for any <br />changes after Board of Public Works review. <br />WHEREAS, the amended procedure is necessary for the effective, efficient administration of the <br />City’s property vacation process and in the best interest of the City and its residents. <br /> <br />NOW, THEREFORE BE IT RESOLVED BY THE SOUTH BEND BOARD OF PUBLIC <br />WORKS AS FOLLOWS: <br />1. That the following criteria be used to evaluate vacating all or part of a City street, alley, <br />or other public place or way. <br /> <br />• Do any property owners currently access the alley? <br />• Do less than 50% of properties on the full block face have direct access to the street? <br />• Is there a future property development plan associated with this request? <br />• Is this the only midblock connection? <br />• Is the block length greater than 600’? <br />• Will the vacation result in a dead-end alley? <br />• Will vacating the alley allow for direct street access and interfere with a designated bike <br />route? <br />• Will vacating the alley allow for direct access to the street in a manner that will not meet <br />minimum engineering standards for traffic safety? <br />• Are there public or private utilities in the alley?