11-23-15 Agenda, Packet & Committee Meeting Notice

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SSs Vca( 03. Substitute Bill No. 69-15 ( Q V �i' Ordinance No. -15 \j °a J AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE A NEW ARTICLE 5 ADDRESSING ENGINEERING SERVICE CHARGES IN CONNECTION WITH THE DEVELOPMENT PLAN APPLICATION PROCESS STATEMENT OF PURPOSE AND INTENT The South Bend Department of Public Works through its Engineering Division regularly and frequently performs review and analysis of real estate development projects within the City of South Bend, Indiana, as part of the St. Joseph County Area Plan Commission and the Board of Zoning Appeals approval process for plats, site plans, special exceptions, variances and similar land use applications under the City's Zoning Ordinance, as expressed at Chapter 21, Article 1, Section 21-01.01(c) of the South Bend Municipal Code(the Code). The countywide Area Plan Commission has established a fee schedule for its own review, analysis, and administration of applications seeking approval for various forms of land use, but the City of South Bend has not separately charged for, nor has it received from the County Area Plan Commission compensation for the services rendered by the City's Engineering Division related to land use application projects. The purpose of this ordinance is to authorize the City's Public Works Department and Engineering Division to charge reasonable fees to recover the costs of providing certain services to those persons filing applications for development plan approval under Chapter 21, Article 9, and Section 21-09.05(d) of the Code. Certain towns within St. Joseph County such as Lakeville, New Carlisle, North Liberty, and Osceola are currently charging separate fees for their similar services. At this time when property tax revenues do not and cannot keep pace with costs of furnishing local governmental services, it is equitable that persons who require City review and expertise related to development plans defray the City's costs for the time and expenses incurred to furnish such expertise and services. This ordinance addresses, and is necessary and proper, to support the City's fiscal needs. Now, Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 6 of the South Bend Municipal Code shall be amended to add a new Article 5 to read in its entirety as follows: 1