HomeMy WebLinkAbout9794-07 Amend Chapter 21 - Article 14 - Section 21-14.05ORDINANCE No.
Passed by the Common Council of the City of South Bend, Indiana
October 8, 20 07
Attest:
Attest:
Presented by me to the Mayor of the City of Soutlr Bend, Indiana
October 9,
20
07
Ciry Clerk
President of Common Council
Ciry Clerk
Approved and signed by me~r_ ~ h P -- i i 20 0 7
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Ordinance No, l ~ ~ ~ ~ ~
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE:
ARTICLE 14, SUBDIVISIONS, SECTION 21-14.05 MAJOR SUBDIVSIONS TO
REVISE THE APPROVAL PROCESS FOR MAJOR SECONDARY SUBDIVISION
PLATS
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for
the City of South Bend that went into effect on May 7, 2004. This ordinance included a
previously adopted subdivision ordinance which is more than twenty (20 years old. The Council
recognizes the importance of speeding up the development process while at the same time
insuring that all development standards are met.
NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend,
Indiana, as follows:
Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14 Subdivisions,
Section 21 - 14.05 Major Subdivisions, (e) Application; Secondary Approval, is repealed and
replaced by the following:
(e) Application; secondary approval
(1) An application for secondary approval of a maj or subdivision may be submitted at
the convenience of the subdivider. The submission shall include the following:
(A) Drawing. An original ink drawing, and six (6) prints, on twenty-four-inch by
thirty-six-inch (24" X 36") vellum, linen or mylar film, at a scale of not less
than one (1) inch equals one hundred (100)feet or greater than one (1) inch
equals fifty (50) feet. All printed numbers, letters and typed information shall
be the size of an eleven point (11 pt.) type font so that the drawing is adaptable
to photographic reduction and will maintain complete legibility. The
subdivision may include all or part of the subdivision which received primary
approval, and shall retain the lot numbers and overall characteristics of the
subdivision which received primary approval and shall include the following:
i. Name of the subdivision. If the subdivision is only a portion of the
subdivision which received primary approval, each section or addition shall
be separately designated,
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ii. Legal description of the subdivision which shall include section, township,
range and governmental township.
iii. Name, address, seal and certification of the registered land surveyor
preparing or certifying the subdivision as prescribed by the Commission.
iv. Numeric scale, graphic bar scale, date and north point.
v. Exact location, width and name of all streets within the subdivision and the
exact location and width of all alleys, crosswalks and other easements.
vi. Township, range or section line accurately tied to the subdivision or a
corner of a recorded subdivision by bearing and distances in feet and
hundredths thereof.
vii. Boundary of subdivision, based on accurate traverse survey with angular
and lineal dimensions in feet and hundredths thereof and bearings
expressed in degrees, minutes and seconds. The traverse survey shall be
closed to aminimum-requirements of the State Standards for the practice of
land surveying as required by 865 I.A.C. 1-12-7, et seq. A separate
boundary closure sheet need not be submitted.
viii.All radii, central angles, points of curvature and tangency, length of
tangents, lengths of arcs, widths ofrights-of--way and similar data shall be
shown for all streets. All street lines shall be tied to other streets and alleys
with accurate dimensions in feet and hundredths thereof and angles or
bearings.
ix. Accurate location and type of all existing and required monuments
conforming to the State Standards 865 IAC 1- 12-18 et seq.
x. All easements dimensioned and identified as to their specific uses.
xi. All lot numbers and lines with accurate dimensions in feet and hundredths
thereof, and bearings expressed in degrees, minutes and seconds. Lots in
sections or additions to a subdivision with the same name shall be
numbered consecutively throughout the several sections or additions.
xii. All recorded subdivisions bounding the subdivision shall be shown in
dotted lines with name, section or addition and recorder's instrument
number.
xiii.Any areas other than public rights-of--way to be dedicated or reserved for
public use or semipublic use, or areas to be reserved for the use of all
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property owners, shall be shown on the drawing and labeled as to their use
and shall have a separate legal description on the drawing with accurate
dimensions in feet and hundredths thereof and bearings expressed in
degrees, minutes and seconds.
xiv.A note shall be placed on the plat indicating that building setbacks shall
conform to the applicable provisions of the zoning ordinance.
xv. Elevation and delineation of the 100-year regulatory flood and certification
of compliance with the National Flood Insurance Program, when
applicable.
xvi.Deed of dedication in a manner prescribed by the Commission.
xvii.Owner's certification in a manner prescribed by the Commission.
xviii.Notarization and seal in a manner prescribed by the Commission.
xix.A blank area four (4) inches vertical by nine (9) inches horizontal, within
which the Commission may affix its certificate of approval without
obscuring or obliterating any other items on the subdivision.
xx. A note shall be placed on the plat, when applicable, to indicate the presence
of any condition on any lot which would not be conducive to the
development of basements (e.g., seasonal high water table, etc.).
xxi. The location of all public wells and the delineation of any wellhead
protection area, when applicable.
xxii. Delineation of wetlands identified by the National Wetlands Inventory,
when applicable.
xxiii. Delineation of Airport Noise Restrictive Use Sensitive Zone, when
applicable.
xxiv. Statement that all easements that are indicated on documentation
provided by the property owner are shown on the drawing.
xxv. Statement concerning any encroachments upon building setback lines
and/or easements.
xxvi. Coordinate data which ties the subdivision to the North American Datum
1983 State Plane Coordinates System, to the standards adopted by the
County Surveyor, or provide a letter from the County Surveyor which
indicates that ties to such State Plane Coordinates System is not required.
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xxvii. The drawing shall be accompanied by such other information as the
Commission may require under the provisions of this Ordinance.
(B) City Engineer's report. A report from the City Engineer shall be submitted to
the Staff prior to secondary approval of the subdivision. The report shall
indicate that the requirements of Section 21-14.08 Improvements have been
satisfactorily completed or that plans and specifications for improvements have
been approved and performance guarantees for the improvements have been
filed and approved. These guarantees shall:
i. Run to the City; and
ii. Provide satisfactory surety as required by the latest standards adopted by
the Board. The surety shall be foreclosed if improvements and installations
have not been completed within twelve (12) months from the date of the
Committee's granting of the secondary approval of the subdivision;
however, an extension of time may be granted by the Board at their public
meeting, provided a request for such extension has been petitioned to the
Board by the applicant or his successor in title prior to the time surety
would lapse as defined above.
(C) Ownership. Proof of ownership of the subdivision.
(D) Fee. The submission of the subdivision shall be accompanied by fees as
prescribed by the Commission.
(E) Application. A completed application upon forms provided and in a manner
prescribed by the Commission.
(F) Digital Data Submission. All major plats submitted for Secondary Review
shall include a digital copy of the proposed subdivision prepazed in accordance
with the requirements set forth in the "Digital Data Submission Standazds" as
set forth by the Commission.
(G) Proposed Covenants. A copy of any proposed subdivision Covenants,
Conditions and Restrictions.
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(H) Rule 5. An subdivision sub'ect to Rule 5 shall rovide roof of a lication
for a Notice of Sufficiency.
(I) Other Approval. The applicant shall provide a summary of any other local,
state or federal governmental approvals required for the development of the
subdivision and a statement of the status of each such approval.
Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14 Subdivisions,
Section 21 - 14.05 Major Subdivisions (f) Major subdivision; secondary submission, review and
approval procedure, is repealed and replaced by the following:
(if) Major subdivision; secondary submission, review and approval procedure
(1) Referral and review. The Staff shall refer prints of the subdivision to the appropriate
agencies. The appropriate agencies shall review the- subdivision and submit a report
to the Staff. The Staff shall review the subdivision for technical conformity with the
standards fixed in the subdivision ordinance and the requirements, recommendations
and comments of the appropriate agencies.
(2) Request for Hearing by Plat Committee. Upon review of prints for a subdivision,
the County Surveyor, the City Engineer, or the developer may request that the
secondary review of the plat be referred to the Plat Committee for review and
determination and the subdivision shall be placed on the agenda of the first available
meeting of the Committee.
(3) Approval. Within the time frame as established by Resolution of the Area Plan
Commission and up on receipt of the reports from the appropriate agencies, and after
the ten (10) day appeal period for primary approval of the subdivision has expired
and an appeal, if any, has been acted upon by the Commission, the staff shall grant
secondary approval to the subdivision and the Chairman and the Secretary of the
Committee shall seal and certify the original drawing.
(4) Determination of major change. A subdivision being considered for secondary
approval shall be considered to be a major change from the subdivision having
received primary approval if:
(A) Any interior minor collector street or local street has been relocated in such a
way as to adversely impact abutting property owners; or
(B) Any entrance street has been relocated n such a way as to adversely impact
abutting property owners; or
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(C) The drainage plan has been altered in such a way as to adversely impact abutting
property owners; or
(D) Any stub streets have been relocated in such a way as to adversely impact
abutting property owners; or
(E) An increase in the number of lots shown on the approved Primary plat; or
(F)The-Executive Director, in his sole discretion, believes it advisable, because of
the collective effect of numerous small changes.
(5) Committee /Staff action:
(A) If, after consideration the Committee /Staff finds that the subdivision complies
with all standards regarding secondary approval of subdivisions; all required
improvements meet the requirements of Section 21-14.08 Improvements; does
not constitute a major change from the subdivision which received primary
approval; and complies with all the conditions and modifications imposed upon
the subdivision by either the Committee or the Commission as a condition of
primary approval, the Committee /Staff shall give secondary approval to the
subdivision and the Staff shall record the subdivision per section 21-
14.05(f)(5). The Chairman and Secretary of the Committee shall certify and
seal the original drawing. The Secretary of Committee shall provide written
notification to the subdivider that the subdivision was approved by the
Committee /Staff, and that the subdivision will be recorded within seven (7)
days of secondary approval.
(B) If the Committee /Staff finds that the subdivision does not comply with all
standards regarding secondary approval of subdivisions; any required
improvement does not meet the requirements of Section 12-14.08; that the
subdivision constitutes a major change from the subdivision which received
primary approval, or does not comply with all the conditions and modifications
imposed upon the subdivision by the Commission or Committee as a condition
of primary approval, the Committee /Staff shall deny the subdivision
secondary approval. The Staff shall then provide written notice to the
subdivider, signed by the Secretary of the Committee, which sets forth the
Committee's /Staff reasons for disapproval. The Staff shall then release the
original drawing to the subdivider's registered land surveyor.
(6) Recording. Within seven (7) days of the secondary approval, the Staff shall record
the subdivision in the Recorder's offrce and so notify the subdivider. The Staff shall
have the original drawing of the subdivision duplicated at a reduced scale and
release the original drawing to the registered land surveyor who prepared it. The
Staff shall distribute reduced copies of the subdivision as proscribed by the
Commission.
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Section III. This Ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
c Q
rY
Member of the o on Council
Atte .
' C1 rk
Presented by me to the Mayor of the City of South Bend, Indiana on the ~~~ day of
~}~-~-c~~eX~ ,2007, at Z'-~~ o'clock~_._m.
City lerk ~ ~2,.p~
A proved and signed by me on the ~ day of LPG' ~~- , 2007
at _~ o'clock a . m.
Mayor of the City outh Bend, Indiana
1 st READING 7 ' ~ - d 7
PUBLIC HEARIaG Lv-$"~~ ~. S Su-~S ~'"~~'
3 rd READING I, p-'d'-d~ GAS S U.~o 5~-.-~"~U~~
NOT APPROVED
Filed In Clerk's Office
AUG - 92007
JOHN VOORDE
CRY CLERK, S0. BEND, IN.
REFERRED I~ ''~' ~ -~ -~ 7
PASSED (O-~~a1 cRj S.x~1~-i -~,.~;o.~
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee ofi the Whole, to whom was referred:
BILL NO.
41-07 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND
MUNICIPAL CODE: ARTICLE 14, SUBDIVISIONS, SECTION 21-14.05
MAJOR SUBDIVISIONS TO REVISE THE APPROVAL PROCESS FOR
MAJOR SECONDARY SUBDIVISION PLATS
Respectfully report that they have examined the matter and that in their opinion, this bill is
being recommended to the full Council with a favorable recommendation as substituted by
1. Under section 21-14.05 (e)(1)(A): Removed xxii, a duplicated sentence, therefore
renumbering all filling items. 2. Under section 21.14-05(f): Removed duplicated number,
renumbered remaining items.
Karen L. White
Chairperson
Area Plal- ~ Commission of St. Jose~ln County
1140 County-City Building
South Bend, Indiana 46601
John W. Byorni Larry P. Magliozzi
Executive Director Assistant Director
Phone 574 235-9571 www.stjosephcountyindiana.com Fax 574 235-9813
August 22, 2007
The Honorable Council of the City of
South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: An ordinance initiated by the Area Plan Commission amending Chapter 21 of the South
Bend Municipal Code; Article 14, Subdivisions, Section 21-14.05 Major Subdivisions to
revise the approval process for major secondary subdivision plats - APC# 2445-07
Dear Council Members:
I hereby Certify that the above referenced ordinance of initiated by the Area Plan Commission
was legally advertised on Thursday, August 9, 2007 and that the Area Plan Commission at its
public hearing on Tuesday, August 21, 2007 took the following action:
Upon a motion by John DeLee, being seconded by Gary Gilot and unanimously
carried, the ordinance initiated by the Area Plan Commission amending Chapter 21
of the South Bend Municipal Code; Article 14, Subdivisions, Section 21-14.05 Major
Subdivisions to revise the approval process for major secondary subdivision plats is
sent to the Common Council with a favorable recommendation. This change to the
subdivision ordinance will reduce the amount of time that it now takes to receive
secondary approval of major subdivisions.
The deliberations of the Area Plan Commission and points considered in arriving at the above
decision are shown in the minutes of the public hearing, and will be forwarded to you at a later
date to be made a part of this report.
Sincerely,
Gcl.
~/~6hn W. B o
Y
JWB:sr F~30~! lit Clerk's Office
Attachment
SEP - 7 2007
JOHN VOORDE
CITY CLEFIK, S0. BEhD, IN.
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana