Amending Chapter 6, 17 and 18 to Include New Rules, Regulations & Service Charges for Various Permits and Reviews in Connection with Stormwater Control and Construction in the Right-of-Way

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Substitute Bill No. 68-15 Ordinance No. LC'Lt 03-15 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTERS 6, 17 AND 18 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE NEW RULES, REGULATIONS,AND SERVICE CHARGES FOR VARIOUS PERMITS AND REVIEWS IN CONNECTION WITH STORMWATER CONTROL AND CONSTRUCTION IN THE RIGHT-OF-WAY. STATEMENT OF PURPOSE AND INTENT Chapters 17 and 18 of the South Bend Municipal Code (the Code) contain sections involving oversight and supervisory duties of the City of South Bend Board of Public Works through the City's Department of Public Works, and the charge of fees for these Public Works services. Chapter 6, Article 1. Section 4.1 of the Code, covers reasonable fees for petitions filed with the Board of Zoning Appeals, which petitions involve the City Public Works Department's review of drainage and downspout engineering designs to determine if they comply with City regulations. No fee is presently charged for this Public Works Department service. The purpose of this ordinance is to authorize the City's Public Works Department and Engineering Division to charge certain reasonable fees to recover the costs of providing certain services to persons requesting roadway excavations; construction or repair of sidewalks, curbs, gutters, driveways, alleys and roadways; barricade permits; and for drainage and downspout engineering design review. 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 oversight and supervision for building, construction and similar rights of way projects, directly defray the costs for the time and expenses of the City's furnishing its 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, Article 1, Section 6-4.1 of the South Bend Municipal Code shall be amended by adding the following new subsection (6) which shall read in its entirety as follows: (6) Engineering Review Fees: a. Downspout/Drainage Disconnection Check: Field check to determine whether building or site discharges stormwater through pipe conveyance into City sewer system. (1) Previously Confirmed Disconnect exempt 1