Amending Chapter 21 Regulating the Sub-Division of Land

Home Browse Search

ARTICLE 8. SUBDIVISIONS DIVISION 1. GENERAL PROVISIONS Section 21 -131. Short title and purpose. (a) The ordinance codified in this Article shall be known and cited as the City of South Bend Subdivision Regulations. (b) The purpose of this title shall be to provide rules, regulations, and standards in order to achieve orderly development in the City through land subdivision; to promote the utilization of land to assure to the residents of the City the best possible environment; to cause land subdivision to be made in accordance with the Land Use and Transportation Plan of the City; and to promote the health, safety and general welfare of the City. It shall be administered to ensure the orderly growth and development, the conservation, protection and proper use of land by adequate provision for circulation, utilities and services. Section 21 -132. Administrative authority. The Area Plan Commission, by virtue of Acts of 1957, Chapter 138 of the Indiana General Assembly, as amended, is established as the administrative agency for this title. Section 21 -133. Jurisdiction and Subdivision compliance required. (a) This article shall apply to all subdivision of land within the corporate limits of the City, as now or hereafter established. (b) No subdivision, resubdivislon, or replat of any lot, tract or parcel of land shall be effected, nor shall any street, sanitary sewer, storm sewer, water main or other facility in connection therewith be laid out, constructed, opened or dedicated for public use or travel, or for the common use of occupants of buildings abutting thereon, except in strict accordance with the provisions of this title. (c) No lot in a subdivision shall be sold, nor shall a permit to erect, alter or repair any building upon land in a subdivision be issued, unless and until a subdivision has been approved and recorded, and until the improvements required by the City in connection therewith have either been constructed or guaranteed as provided in this title. However, if a Major Subdivision has received Primary approval, permits for model homes may be issued, provided that no more than two permits are in existence at any one time, and that such homes are not occupied until the Subdivision has been given Secondary approval and has been recorded, as provided in this title. Section 21 -134. Interim subdivision procedure. (a) Any Minor or Final Subdivision certified as complying with the Subdivision Control Ordinance by the Commission after September 1, 1982 and prior to the effective date of this Ordinance, and recorded prior to the effective date of this Ordinance shall be given Secondary approval by the Committee, without any additional filing fee or application. The Committee shall affix the Commission's Seal and Certificate of Approval upon the original drawing, rerecord the Subdivision, at no cost to the Subdivider or his Registered Land Surveyor, per the requirements of Section 21- 145(j) and provide the written notice, signed by the Secretary of the Committee, that the Subdivision has received Secondary approval and been rerecorded. (b) Any Preliminary Subdivision certified as complying with the Subdivision Control Ordinance by the Commission after September 1, 1982, and prior to the effective date of this Ordinance, shall be given Primary approval by the Committee, without any additional filing fee or application. The Staff shall affix the Commission's Seal and Certificate of Approval upon two (2) copies of the