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Amending Chapter 6 Addressing Service Charges in Connection with the Development Plan Appliccation Process
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Amending Chapter 6 Addressing Service Charges in Connection with the Development Plan Appliccation Process
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12/2/2015 12:14:38 PM
Creation date
12/2/2015 12:14:34 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
11/23/2015
Ord-Res Number
10404-15
Bill Number
69-15
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Substitute Bill No. 69-15 <br /> Ordinance No.1 y-15 <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br /> INDIANA,AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE TO <br /> INCLUDE A NEW ARTICLE 5 ADDRESSING ENGINEERING SERVICE CHARGES <br /> IN CONNECTION WITH THE DEVELOPMENT PLAN APPLICATION PROCESS <br /> STATEMENT OF PURPOSE AND INTENT <br /> The South Bend Department of Public Works through its Engineering Division <br /> regularly and frequently performs review and analysis of real estate development projects within <br /> the City of South Bend, Indiana, as part of the St. Joseph County Area Plan Commission and the <br /> Board of Zoning Appeals approval process for plats, site plans, special exceptions, variances <br /> and similar land use applications under the City's Zoning Ordinance, as expressed at Chapter <br /> 21, Article 1, Section 21-01.01(c) of the South Bend Municipal Code (the Code). <br /> The countywide Area Plan Commission has established a fee schedule for its own review, <br /> analysis, and administration of applications seeking approval for various forms of land use, but <br /> the City of South Bend has not separately charged for, nor has it received from the County Area <br /> Plan Commission compensation for the services rendered by the City's Engineering Division <br /> related to land use application projects. <br /> The purpose of this ordinance is to authorize the City's Public Works Department and <br /> Engineering Division to charge reasonable fees to recover the costs of providing certain services <br /> to those persons filing applications for development plan approval under Chapter 21, Article 9, <br /> Section 21-09.05(d) of the Code. Certain towns within St. Joseph County such as Lakeville, New <br /> Carlisle, North Liberty, and Osceola are currently charging separate fees for their similar <br /> services. <br /> At this time when property tax revenues do not and cannot keep pace with costs of <br /> furnishing local governmental services, it is equitable that persons who require City review and <br /> expertise related to development plans defray the City's costs for the time and expenses incurred <br /> to furnish such expertise and services. This ordinance addresses, and is necessary and proper, to <br /> support the City's fiscal needs. <br /> Now, Therefore, Be It Ordained by the Common Council of the City of South Bend, <br /> Indiana, as follows: <br /> Section I. Chapter 6 of the South Bend Municipal Code shall be amended to add a new Article <br /> 5 to read in its entirety as follows: <br /> 1 <br />
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