HomeMy WebLinkAboutAmending Chapter 21 Regulating the Sub-Division of LandORDINANCE No. 7126-82
Passed by the Common Council of the City of South Bend,
November 8, 1982
City Clerk
(� IRENE K. GAMMON
President of Common Council
Presented by me to the Mayor of the City of South Bend,
Approved and signed by
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IRENE K. GAMMON
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Clerk
BILL NO
ORDINANCE NO. J/ ,24 moo?
AN ORDINANCE AMENDING ARTICLE 8 OF CHAPTER 21 OF
THE SOUTH BEND MUNICIPAL CODE REGULATING THE SUB-
DIVISION OF LAND
STATEMENT OF PURPOSE
AND INTENT
It is the intent of this Ordinance to amend Article 8, SUBDIVISIONS,
of Chapter 21 of the South Bend Municipal Code to comply with Public Law 211,
1982, which revised the statutory provisions that may be used by local plan
commissions to regulate subdivision developments.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1:
That Article 8, SUBDIVISIONS, of Chapter 21 of the South Bend Municipal
Code, be hereby deleted in its entirety.
SECTION 2:
That Chapter 21 of the South Bend Municipal Code is hereby amended by
adding thereto a new Article 8, which article shall read as follows:
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
Subdivision, provide the Subdivider with written notice, signed by
the Secretary of the Committee, that the Subdivision has received
Primary approval, provide the Subdivider's Registered Land Surveyor
with a copy of the sealed and certified Subdivision. The second
copy of the sealed and certified Subdivision shall be retained in
the records of the Commission. The Staff shall also include a
report in the Commission's records which shall include, but not be
limited to, the date, time and place the Subdivision has been
given a Public Hearing; a list of individuals who received notice
of the Public Hearing; a list of those who remonstrated at the
Public Hearing, and their points of remonstrance; the Commission's
disposition of the remonstrance and Preliminary Subdivision; that
the individuals who received a Notice of the Commission's Public
Hearing are the same that would have received Notice of a
Committee Public Hearing as 'interested parties'; and, that the
Subdivision was approved by the Commission which, in fact, has the
authority to approve the Subdivision by virtue of this Ordinance
and State Law.
DIVISION 2. DEFINITIONS
Section 21 -135. Definitions.
(a) As used in this Article:
(1) "Appropriate agencies" means those agencies designated by
ordinance or the Staff to review subdivisions and may
include, but is not limited to the following: County
Surveyor, County Engineer, City Engineer, State Department of
Natural Resources, State Division of Aeronautics.
(2) "Assessor's office" means the Assessor's office of the County.
(3) 'Block" means a tract of land bounded by streets or by a
street or streets and any combination of boundary lines of
public or institutionally owned lands, railroad
rights -of -way, rivers and lakes, and other lines of
demarcation.
(4) 'Board" means the Board of Public Works, City of South Bend,
Indiana.
(5) 'Building Setback Line" means the area in which no permanent
structure shall be constructed or located.
(6) "City" means the City of South Bend, Indiana.
(7) "City Engineer" means the City Engineer of the City of South
Bend, Indiana.
(8) "Commission" means the Area Plan Commission of St. Joseph
County, Indiana.
(9) "Commission's certificate of approval" means the certificate
block signed by the President of the Commission or the
Chairman of the Committee and attested to by the Secretary of
the Commission or Committee, as appropriate.
(10) "Commission's seal" means the official seal of the Commission.
(11) "Committee" means the Plat Committee of the Area Plan
Commission.
(12) "Council" means the Common Council of the City of South Bend,
Indiana.
(13) "County" means St. Joseph County, Indiana.
(14) "County Surveyor" means the County Surveyor of St. Joseph
County, Indiana.
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(15) "Crosswalk" means a right -of -way dedicated to public use,
which cuts across a block to facilitate pedestrian access to
adjacent streets and properties.
(16) "Department of Natural Resources" means the State Department
of Natural Resources.
(17) "Easement" means a grant by a property owner to the general
public and /or public utility or utilities for the use of land
for a specifically stated purpose or purposes.
(18) "Federal Insurance Administration" means the administrative
office of the National Flood Insurance Program.
(19) "Flood" or "floodwater" means the water of any river or
stream which is above its banks and /or outside its channels
and banks.
(20) "Flood hazard area" means that portion of a floodplain which
is not adequately protected from flooding by means of dikes,
levees, reservoirs, or other works approved by the Natural
Resources Commission.
(21) " Floodplain" means the area adjoining a river or stream which
has been or which may hereafter be flooded, and is so
designated by the Federal Insurance Administration and /or the
Natural Resources Commission.
(22) "Interested parties" means:
(A) For a Major subdivision
1. Property owners within 300 feet of the proposed
Major subdivision,
2. Staff of the Area Plan Commission,
3. Subdivider;
(B) For Minor subdivisions and Subdivision Replats.
1. Staff of the Area Plan Commission,
2. Subdivider.
(23) "Land Use and Transportation Plan" means a composite, or
segment thereof, of the mapped and written proposals and
recommendations of the Commission relative to the growth and
development of the County including the City of South Bend.
(24) "Lot" means a parcel or portion of land separated from other
parcels or portions by description as on a subdivision of
record or survey map or by metes and bounds for purposes of
sale, lease or separate use.
(25) "Lot, double frontage" means a lot, other than a corner lot,
which fronts on two streets.
(26) "Major subdivision" means a division of land either by metes
and bounds description or by plat, into two (2) or more lots
or parcels for the purpose, whether immediate or future, of
conveyance, transfer, improvement or sale; provided, however,
that a division of land for agricultural purposes in parcels
of more than ten (10) acres, shall be exempted. The term
subdivision shall also include redivision of land.
(27) "Minor subdivision" means a division of land, over any period
of time, into two (2) or more lots or parcels, not requiring
any new streets, alleys, roads, or involving the extension of
any municipal facilities, and not adversely affecting the
development of the remainder of the parcel or any adjoining
property.
(28) "Nonaccess easement" means a public easement along a public
right -of -way across which access to the property is not
permitted.
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(29) "Outlot" means a nonbuildable lot.
(30) "Owner" means any individual, firm, association, syndicate
copartnership or corporation having sufficient proprietary
interest in the land sought to be subdivided to commence and
maintain proceedings to subdivide the same under this title.
(31) "Performance guarantee" means any guarantee which may be
accepted in lieu of a requirement that certain improvements
be made before the Committee gives Secondary approval to the
Subdivision, including by way of illustration, but not
limited to, tax performance bonds, escrow agreements, deposit
agreements and other similar collateral or surety arrangements
approved as valid and enforceable by the Board.
(32) "Plat Committee" means a group of governmental officials
appointed by the Commission to hold hearings on and approve
subdivisions on behalf of the Commission.
(33) "Public sewer" means a sewage disposal system which is
operated or owned by the City, but does not include a City
sewer installed for the purpose of carrying surface water
runoff and subsoil drainage.
(34) "Public utility" means a firm, corporation, municipal
department or board duly authorized to furnish, or furnishing
under regulation to the public, electricity, gas, steam,
communication (including CAM, transportation, drainage,
sewer and water.
(35) "Public water" means a water supply system which is
constructed, installed, maintained, operated and owned under
the jurisdiction of the Public Services Commission of Indiana.
(36) "Recorder's office" means the Recorder's office of the County.
(37) "Registered Engineer" means an engineer who is licensed in
compliance with the laws of the state.
(38) "Registered Land Surveyor" means a surveyor who is licensed in
compliance with the laws of the state.
(39) "Regulatory Flood" means the one - hundred -year flood as
designated by the Federal Insurance Administration.
(40) "Replat" means the process of allowing for an adjustment of a
lot line or lines, and easements, as shown on a recorded
subdivision which:
(A) Does not affect any street layout, whether existing or
proposed and,
(B) Does not increase the total number of lots within the
area proposed to be replatted.
(41) "Rerecording" means the process allowing for an adjustment of
an easement or easements, or correction of a drafting or
typographical error, as shown on an approved and recorded
subdivision which does not affect the size or configuration
of the lot or lots in question.
(42) "Reserve strip" means an area of land adjacent to a public
right -of -way which is retained in ownership by an individual
for the purpose of denying access to the adjacent land.
(43) "Staff" means the staff of the Area Plan Commission of St.
Joseph County.
(44) "Standards" means a specific and detailed listing of
materials and construction methods for subdivision
improvements and standards of construction and design, as
adopted by the Board.
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(45) "Streets and Alleys" means ways for vehicular traffic
dedicated to the public use providing the principal means of
access to abutting property.
(A) Major streets are those which are used primarily for
fast or heavy traffic.
(B) Collector streets (or distributor streets) are those
which are used to carry traffic from minor streets to
major streets and highways, including the principal
entrance streets to a residential development and
circulation streets within such developments.
(C) Minor streets are those used primarily for access to the
abutting property.
(D) Marginal access streets are minor streets which are
parallel to and adjacent to major streets and highways,
and which provide access to abutting property and
protection from through traffic.
(E) Alleys are minor ways which are used primarily for
vehicular service access to the rear or side of
properties otherwise abutting on a street.
(F) Loop streets are streets which begin at an intersection
with another street, run thence to make a loop or "U" of
various shapes or properties, and thence reintersect the
street of origin at another point.
(G) Cul —de —sacs are short streets having one end opened to
traffic, the other end being permanently terminated by a
vehicle turnaround.
(46) "Subdivider" means the owner or the authorized agent for the
owner of 'a subdivision.
(47) "Zoning Ordinance" means the zoning ordinance of the City of
South Bend, Indiana.
DIVISION 3. DESIGN STANDARDS.
Section 21 -136. Minimum standards.
(a) The subdivider shall observe the following minimum requirements and
standards. All subdivisions approved by the Commission shall
comply with the following:
(1) The Subdivision shall conform to the applicable provisions of
the zoning ordinance and the Land Use and Transportation Plan.
(2) In all subdivisions every consideration shall be given to
attempt to preserve the natural environment and historic
mouments as designated by the State or National Registry of
Historic Buildings and Monuments and as designated by local
authority.
(3) The Subdivision shall be coordinated with existing
developments or neighborhoods.
(4) In the review of subdivisions, the Commission shall give
consideration to the needs and requirements for the following
open space uses and community facilities, including but not
limited to:
(A) Playlots and neighborhood parks based upon the standards
recommended in the Land Use and Transportation Plan;
(B) School sites, other public and semipublic buildings and
facilities and locations for water supply systems,
sewage treatment facilities and drainage facilities in
accordance with Land Use and Transportation Plan.
(5) Where a proposed park, playground, school or other public use
shown in the Land Use and Transportation Plan is located in
whole or in part in a subdivision, or where deemed essential
by the Commission upon consideration of the particular type
of development proposed in the Subdivision, the Commission
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may require the reservation for a period of time, not to
exceed fifteen (15) months, of such areas within the
Subdivision of character, extent and location suitable to the
needs required by such development and may further require
the Subdivider to sell to the proper City agency the land at
the cost of unimproved land, plus the taxes accumulated from
the date of recording, plus their share of street
improvements. Such reservations shall be clearly shown on
the plat of the Subdivision.
Section 21 -137. Street requirements.
(a) The arrangement, character, extent, width, grade, and location of
all streets shall be correlated to existing and planned streets,
existing topography, public convenience and safety, and in their
appropriate relation to the proposed uses of the land to be served
by such streets.
(b) Minor streets shall be laid out so that their use by through
traffic will be discouraged.
(c) Where a subdivision borders on or contains an existing or proposed
street as shown in the Land Use and Transportation Plan, the
Commission may require a marginal access street or reverse
frontage with screen planting contained in a nonaccess
reservation, which shall have a minimum width of ten (10) feet
along the rear property line; or, such other treatment as may be
adequate for protection of residential properties and to afford
separation of through and local traffic.
(d) Where a subdivision borders on or contains a railroad right -of -way
or limited access highway right -of -way, the Commission may require
a street approximately parallel to and on each side of such
right -of -way at a distance suitable for the appropriate use of the
intervening land, as for park purposes in residential districts.
Such distances shall be determined with due regard for the
requirements of approved grades and future grade separation. The
Commission may require that control of the intervening land strips
be placed in the City under conditions approved by the Commission.
(e) Street jogs with centerline offsets of less than one hundred and
fifty (150) feet shall be prohibited.
(f) A tangent at least one hundred (100) feet long shall be introduced
between reverse curves on major thoroughfares. All minor streets
shall have a tangent of at least fifty (50) feet long on reverse
curves.
(g) When connecting street lines deflect from each other at any one
point by more than ten (10) degrees in alignment, they shall be
connected by a curve with a minimum radius of eight hundred (800)
feet for major streets and two hundred (200) feet for minor
streets.
(h) On major streets the minimum sight distance for vertical curves
shall be six hundred (600) feet measured from a point five (5)
feet above the centerline of the roadway. The minimum sight
distance for other streets shall be three hundred (300) feet
measured from five (5) feet above the centerline of the roadway.
(1) The maximum grade on major streets shall not exceed six percent
(6 %). The maximum grade on other streets and alleys shall not
exceed eight percent (8 %), and the minimum grade of any street
gutter shall not be less than three - tenths (.3) of one percent
(1 %). Proposed streets shall be adjusted to the contour of the
land to produce useable lots and streets of reasonable gradient.
(j) Half- streets and half - alleys shall be prohibited. Whenever a
half- street is adjacent to a tract to be subdivided, ther other
half (1/2) of the street shall be platted within such tracts.
(k) Cul -de -sac and dead end streets, designed to be so permanently,
shall generally not be longer than six hundred (600) feet. All
dead end streets shall terminate in a circular right -of -way within
a minimum radius of fifty (50) feet with an effective turning
radius of forty (40) feet.
(1) The minimum right -of -way width of all streets shall be as schedules
under Section 21- 159(b).
(m) All street intersections shall, where possible, be made at right
angles but in no case shall the acute angle be less than eighty
(80) degrees.
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(n) No new street shall have a name which duplicates or so nearly
duplicates so as to be confused with any existing street in the
incorporated and unincorporated areas of the County, unless the
new street is to be an extension of an existing street. Loop
streets and cul -de -sacs which are an extension of existing streets
but will never be continued shall not duplicate the name of the
existing street. Continuous streets which have major directional
changes shall require a change in street name for each directional
change.
Section 21 -138. Alleys; standards.
(a) Alleys shall be provided in commercial and industrial districts
except that the Commission may waive this requirement, if other
definite and assured provision is made for service access such as
off- street loading, unloading, and parking consistent with and
adequate for the uses proposed.
(b) Alleys shall be prohibited in residential areas except where
topographical or other conditions may necessitate their use.
(c) The width of an alley shall not be less than twenty (20) feet.
(d) Alley intersections with sharp changes in alignment shall be
avoided, but where necessary, corners shall be cut off
sufficiently to permit safe vehicular movement.
(e) Dead end alleys shall be prohibited except when provided with
forty (40) foot outside turning radius at the dead end.
Section 21 -139. Easements; standards.
(a) Easements centered on rear or side lot lines shall be provided for
utilities where necessary and shall be at least five (5) feet wide
on both sides of the property lines. Easements shall be
continuous to the street at the end of the block to connect with
adjoining blocks in the shortest direct line.
(b) Where a subdivision is traversed by a water course, drainage way,
channel, or stream, there shall be provided an adequate storm
water easement or drainage right -of -way conforming substantially
with the lines of such water course. Parallel streets or parkways
may be required in connection therewith.
Section 21 -140. Blocks; standards.
(a) The width of blocks shall be sufficient to allow two (2) tiers of
lots, except where reverse frontage on a major thoroughfare is
required.
(b) Where effective use of land does not require otherwise, blocks in
residential subdivisions shall not exceed sixteen hundred (1,600)
feet in length.
(c) In the event of block length exceeding one thousand (1,000) feet
where the blocks are not arranged in the direction of natural
traffic flow, a crosswalk or pedestrianway not less than ten (10)
feet in width may be required near the center and entirely across
any block. Such pedestrianway shall be dedicated and paved to a
width of five (5) feet.
Section 21 -141. Lots; standards.
(a) Residential lots shall in no case be less than sixty (60) feet in
width at the building line nor contain less than six thousand
(6,000) square feet in area.
(b) Corner lots shall in no case be less than sixty -five (65) feet in
width at the building line nor contain less than seven thousand
(7,000) square feet in area.
(c) The depth to width ratio of the useable area, i.e., the area which
is not unuseable for normal building, service, recreational, or
similar activities by reason of the existence of geologic,
topographic, drainage, or other similar conditions, of a lot in a
residential district shall be a maximum of two and one -half (2.5)
to one (1.0) except where a variance becomes necessary for the
purpose of using up odd shaped parcels.
(d) Side lines of all lots shall be at right angles or radials to
street lines, when possible.
(e) Every lot shall abut on a public street.
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(f) Double frontage lots shall be avoided except where essential to
provide separation of residential development from traffic
arteries or to overcome specific disadvantages of topography and
orientation. A planting screen easement of at least ten (10)
feet in width, across which there shall be no access, shall be
provided along the line of lots abutting such traffic arteries or
other disadvantageous use.
(g) Where larger than normal lots are proposed, they shall be of such
shape and dimensions that future streets may be platted along lot
lines.
(h) Lots shall be numbered consecutively throughout the entire
subdivision.
Section 21 -142. Reserved.
DIVISION 4. MINOR SUBDIVISIONS
Section 21 -143. Consultation encouraged.
Prior to the submission of a Minor Subdivision, the Subdivider is
encouraged to consult informally with the Staff. This will create an
understanding between the Staff and the Subdivider which may help to
alleviate future misunderstandings and extensive revisions.
Section 21 -144. Application.
The Subdivision shall be submitted to the Committee at least twenty -one
(21) days prior to the Committee meeting at which it may be considered.
The submission shall contain the following:
(a) Drawing. An original ink drawing on twenty -four (24) inch by
thirty -six (36) inch vellum, linen or mylar film, at a scale of
one inch equals fifty feet, with five (5) prints of the drawing
showing:
(1) Name of the Subdivision, which shall not duplicate or closely
approximate the name of any other subdivision within the
incorporated and unincorporated areas of the County,
(2) Legal description of the Subdivision which shall include
section, township, range and governmental township,
(3) Township, range or section line accurately tied to the
Subdivision by bearing and distances in feet and hundredths
thereof,
(4) Boundary of Subdivision, based on accurate traverse survey
with angular and lineal dimensions in feet and hundredths
thereof. The traverse survey shall be closed to a mimimum
accuracy of 1:10,000. A boundary closure sheet shall be
provided,
(5) Lot dimensions in feet and hundredths thereof, angles or
bearings expressed in degrees, minutes and seconds,
(6) Lot numbers,
(7) Dimensioned building setback lines,
(8) All easements dimensioned and labeled as for their specific
uses,
(9) All right -of -way lines and width of right -of -way, existing
and required for dedication,
(10) Name, address, seal and certification of the Registered Land
Surveyor preparing the Subdivision, in a manner prescribed by
the Commission,
(11) Deed of Dedication, in a manner prescribed by the Commission,
(12) Owner's certification, in a manner prescribed by the
Commission,
(13) Notarization and seal, in a manner prescribed by the
Commission,
(14) Scale, graphic bar scale, north point and date,
(15) Certification of compliance to the National Flood Insurance
Program when required,
(16) All printed numbers, letters and typed information shall be a
minimum size of a 120 Leroy Template or equivalent so that
the drawing is adaptable to photographic reduction and will
maintain complete legibility,
(17) An area four (4) inches vertical by nine (9) inches
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horizontal within which the Commission may affix its
Certificate of Approval without obscuring or obliterating any
other items on the Subdivision.
(b) Support Drawing. Five (5) prints of a Support drawing on a sheet
twenty -four (24) inches by thirty -six (36) inches, at a scale not
less than one inch equals one hundred feet or greater than one
inch equals fifty feet, showing, but not limited to:
(1) Legal description and tract boundary drawing of the entire
property which is being subdivided,
(2) Natural features such as wooded areas, swamps, wetlands and
marshes,
(3) Existing man -made structures and improvements within the
proposed Subdivision,
(4) Existing topographic contours at vertical intervals of five
feet or less from available data. United States Geological
Survey data may be used,
(5) If adjoining property within three hundred feet of the
Subdivision is unsubdivided, the names of property owners, as
shown in the Assessor's office, Auditor's office, or
Recorderts office shall be included. If the property within
three hundred feet of the Subdivision is subdivided, the
Subdivision layout, name, section, and Instrument number
shall be included,
(6) Future access plan of the entire property which is being
subdivided,
(7) The adjacent roads and the nearest major intersection,
(8) Scale, graphic bar scale, north point and date,
(9) Name and address of the Subdivider,
(10) Name and address of the Registered Land Surveyor,
(11) A vicinity key map at a scale of one inch equals two thousand
or three thousand feet showing the location of the
Subdivision, major streets and physical features, such as
rivers and creeks, within a distance of two miles.
(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 shall be submitted upon forms
provided and in a manner prescribed by the Commission.
Section 21 -145. Minor Subdivision Review, Appeal and Approval Procedure.
(a) Referral and Review. The Staff shall, within one (1) working day
after the filing date, refer prints of the Subdivision to the
appropriate agencies.
(i) If the Subdivision falls within a designated flood hazard
area, the Subdivision shall be reviewed by the Department of
Natural Resources.
(2) The Staff may also refer the Subdivision to any State Agency
or Board which has regulations or rules which affect the use
or design of the Subdivision, or the location or height of
structures to be placed within the Subdivision.
(3) The 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 reviewing agencies, and prepare a report
with a recommendation for the Committee's consideration.
(b) Submission to Plat Committee. Within thirty (30) days after the
filing of the Subdivision, the Staff shall announce the date, time
and place of the meeting at which the Committee shall consider the
Subdivision, and shall give due notice in writing to all
interested parties at least ten (10) days before the date set for
the hearing.
(1) If the Subdivision complies with the Subdivision Ordinance,
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or has minor deficiencies which, in the Staff's opinion, can
be immediately corrected by the Subdivider's Registered Land
Surveyor; and does not need review by the Department of
Natural Resources or any other State Agency or Board, the
Staff shall place the Subdivision on the agenda of the first
available meeting of the Committee.
(2) If the Subdivision does not comply with the Subdivision
Ordinance and has deficiencies which, in the Staff's opinion,
cannot be immediately corrected by the Subdivider's
Registered Land Surveyor, or needs review by the Department
of Natural Resources or any other State Agency or Board, the
Staff shall place the Subdivision on the agenda of the second
available meeting of the Committee. the Subdivision on the
agenda of the second available meeting of the Committee.
(c) Committee Consideration. After receiving the Staff Report and
Recommendation, the Committee shall consider the Subdivision for
Primary approval without Public notice and hearing.
(d) Committee Action.
(1) If, after consideration, the Committee finds that the
Subdivision complies with all standards regarding Primary
approval of subdivisions and is located within a zoning
district permitting subdivisions, the Committee shall give
Primary approval to the Subdivision, with or without
modifications and conditions imposed, and make written
Findings of Fact and a decision which shall include the
modifications and conditions imposed. The Staff shall also
affix the Commission's Seal and Certificate of Approval upon
two (2) copies of the Subdivision, provide the Subdivider's
Registered Land Surveyor with one copy and retain the second
copy in the Commission's files.
(2) If, after consideration, the Committee finds that the
Subdivision does not comply with all standards regarding
Primary approval of subdivisions or is located within a
zoning district not permitting subdivisions, the Committee
shall deny Primary approval to the Subdivision and make
written Findings of Fact and a decision which sets forth its
reasons for disapproval.
(e) Notice of Committee's Action. Within ten (10) days after the
Committee's acting on the Subdivision, the Staff shall provide all
interested parties with a copy of the Findings of Fact and
decision signed by the Secretary of the Committee, and notify them
in writing of their right to appeal the Committee's decision to
the Commission.
(f) If No Appeal Has Been Filed:
(1) If the Subdivision, for which Secondary approval has been
requested, received Primary approval by the Committee, no
appeal has been filed within ten (10) days of the date of the
Notice of Committee's Action, and all modifications or
conditions placed upon the Subdivision by the Committee, if
any, have been complied with or corrected, the Staff shall
give Secondary approval to the Subdivision and affix the
Commission's Seal and Certificate of Approval on the original
drawing and record the Subdivision per Section 21- 145(j).
(2) If the Subdivision, for which Secondary approval has been
requested, received Primary approval by the Committee, no
appeal has been filed within ten (10) days of the date of the
Notice of Committee's Action, and all modifications or
conditions placed upon the Subdivision by the Committee, if
any, have not been complied with or corrected, the Staff
shall deny Secondary approval to the Subdivision. The Staff
shall provide written notice to the Subdivider signed by the
Secretary of the Committee, which sets forth its reasons for
disapproval, and release the original drawing of the
Subdivision to the Registered Land Surveyor who prepared it.
(3) If the Subdivision was denied Primary approval by the
Committee and no appeal has been filed within ten (10) days
10
of the Notice of Committee's Action, the Staff shall release
the original drawing of the Subdivision to the Registered
Land Surveyor who prepared it.
(g) If An Appeal Has Been Filed. If an appeal has been filed within
ten (10) days of the date of the Notice of Committee's Action, the
Staff shall announce the date, time and place of the meeting at
which the Commission shall consider the Subdivision, and shall
give due notice in writing to all interested parties at least ten
(10) days before the date set for the hearing. The Staff shall
prepare a report with a recommendation for Commission
consideration.
(h) Commission Consideration of Appeal. After receiving the Staff
Report and Recommendation, the Commission shall consider the
Subdivision without Public notice and hearing.
(i) Commission Action.
(1) If, after consideration, the Commission finds that the
Subdivision complies with all standards regarding Primary
approval of subdivisions and is located within a zoning
district permitting subdivisions, the Commission shall give
Primary approval to the Subdivision, with or without
modifications and conditions imposed; make written Findings
of Fact and a decision which shall include the modifications
and conditions imposed. The Staff shall affix the
Commission's Seal and Certificate of Approval upon two (2)
copies of the Subdivision and provide the Subdivider's
Registered Land Surveyor with one copy along with a copy of
the Findings of Fact and decision, signed by the Secretary of
the Commission. The second copy of the sealed and certified
Subdivision shall be retained in the records of the
Commission. When all modifications or conditions placed upon
the Subdivision by the Commission, if any, have been complied
with or corrected, the Staff shall give Secondary approval to
the Subdivision and affix the Commission's Seal and
Certificate of Approval upon the original drawing, and record
the Subdivision per Section 21- 145(j).
(2) If, after consideration, the Commission finds that the
Subdivision does not comply with all standards regarding
Primary approval of subdivisions or is located within a
zoning district not permitting subdivisions, the Commission
shall deny the Subdivision Primary approval and make written
Findings of Fact and a decision which sets forth its reasons
for disapproval. The Staff shall provide the Subdivider with
a copy of the Findings of Fact and decision signed by the
Secretary of the Commission, and release the original drawing
to the Subdivider's Registered Land Surveyor.
(j) Recording. Within seven (7) days of Secondary approval, the Staff
shall record the Subdivision in the Recorder's Office 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 to
the County Assessor, City Building Department, City Engineer,
County Surveyor, the appropriate Township Assessor, the
Commission, Public Utility Companies, the local organization for
Registered Land Surveyors, and the Subdivider.
DIVISION 5. MAJOR SUBDIVISION
Section 21 -146. Consultation encouraged.
Prior to the submission of a Major Subdivision, the Subdivider is
encouraged to consult informally with the Staff. This will create an
understanding between the Staff and the Subdivider which may help to
alleviate future misunderstandings and extensive revisions.
Section 21 -147. Name of Subdivision.
The name of the Subdivision shall not duplicate or closely approximate
the name of any other subdivision within the incorporated and
unincorporated areas of the County. Care should be taken to keep names
short and, if applicable, consistant with adjacent subdivisions which
have been previously approved and recorded.
Section 21 -148. Application - Primary Approval.
The Subdivision shall be submitted to the Committee at least twenty -one
(21) days prior to the Committee meeting at which the Subdivision may be
considered for Primary approval. The submission shall contain the
following:
(a) Drawing. An original ink drawing on twenty -four (24) inch by
thirty -six (36) inch vellum, linen or mylar film, at a scale of
one inch equals two hundred feet, with five (5) prints of the
drawing showing:
(1) Name of the Subdivision,
(2) Location of the Subdivision by section, township, range and
governmental township,
(3) Name and address of Subdivider,
(4) Name, address, seal and signature of the Registered Land
Surveyor preparing the Subdivision,
(5) Scale, graphic bar scale, north point and date,
(6) Boundary line of proposed Subdivision, all existing easements
and property lines in exact dimensions of feet and hundredths
thereof,
(7) Location, width and names of prior subdivided streets and
lots in the proposed Subdivision and within three hundred
feet of the proposed Subdivision, showing all previously
recorded streets and lots in dotted lines,
(8) Layout and approximate dimensions of lots,
(9) A vicinity key map at a scale of one inch equals two thousand
or three thousand feet showing the location of the
Subdivision, major streets and physical features, such as
rivers and creeks, within a distance of two miles,
(10) Layout of proposed streets, which shall include the
classification of each street, their names and widths,
walkways and easements,
(11) Parcels of land to be dedicated or reserved for public uses
shall be shown and labeled as to use, such as retention
basins or open space,
(12) Dimensioned building setback lines,
(13) Existing topographic contours at vertical intervals of two
(2) feet or less. Vertical control data shall be based on
Coastal and Geodetic Survey Sea Level Datum of 1929. United
States Geodetic Survey contours shall not be acceptable,
(14) The frontage street(s) and the nearest major intersection(s),
(15) The drawing shall be accompanied by such other information as
the Commission may require under the provisions of this
Article,
(16) An 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.
(b) Site Analysis. Five (5) prints of a map or a series of maps at a
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scale of one inch equals two hundred feet showing the information
for the proposed Subdivision and the adjacent area within three
hundred feet. The Commission's section maps may be used as base
maps for the following:
(1) Name of Subdivision,
(2) Location of the Subdivision by section, township, range and
governmental township,
(3) Scale, graphic bar scale, north point and date,
(4) Name and address of the Registered Land Surveyor preparing the
Subdivision,
(5) Boundary of Subdivision, with approximate dimensions in feet,
(6) Existing topographic contours at vertical intervals of five
(5) feet or less from available data. United States
Geological Survey data may be used,
(7) Natural features such as wooded areas, swamps, wetlands,
marshes, streams and drainage courses,
(8) Existing and proposed sewers, water mains, culverts, or other
underground facilities within and adjacent to the tract,
indicating pipe sizes, grades and exact locations as obtained
from public records. If water mains and sewers are not
adjacent to the tract, the direction to and distance to the
nearest ones, and their size shall be shown.
(9) Subsurface conditions on the tract, location and results of
tests made to ascertain subsurface soil, rock and ground
water conditions, depth to ground water, unless test pits are
dry to a depth of seven (7) feet.
(10) Floodplains and floodways as shown on maps published by the
Federal Insurance Administration,
(11) Existing man -made structures and improvements within the
proposed Subdivision,
(12) Existing street patterns within a 300 foot area adjacent to
the proposed subdivision.
(c) Ownership. Letter from Subdivider showing his interest in the
property to be subdivided, or that he is the agent for the owner
of the land, or proof of ownership, or a copy of a purchase
agreement.
(d) Property list. List showing names and addresses of property owners
within three hundred feet of the proposed Subdivision and two sets
of stamped, addressed envelopes for property owners within three
hundred feet of the proposed Subdivision. Names and addresses may
be obtained from the Assessor's office, Auditor's office or the
Recorder's office.
(e) Fee. The submission of the Subdivision shall be accompanied by
fees as prescribed by the Commission.
(f) Application. A completed application upon forms provided and in a
manner prescribed by the Commission.
Section 21 -149. Major Subdivision - Primary Review, Appeal and Approval
Procedure.
(a) Referral and Review. The Staff shall, within one (1) working day
after the filing date, refer prints of the Subdivision to the
appropriate agencies.
(i) If the Subdivision falls within a designated flood hazard
area, the Subdivision shall be reviewed by the Department of
Natural Resources.
(2) If the Subdivision lies within five hundred (500) feet of any
park, parkway, or boulevard, it shall be reviewed by the
Board of Park Commissioners.
(3) The Staff may also refer the Subdivision to any State Agency
or Board which has regulations or rules which affect the use
or design of the Subdivision, or the location or height of
structures to be placed within the Subdivision.
(4) The 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
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Subdivision Ordinance and the requirements, recommendations
and comments of the reviewing agencies, and prepare a report
with a recommendation for the Committee's consideration.
(b) Submission to Plat Committee. Within thirty (30) days after the
filing of the Subdivision, the Staff shall announce the date, time
and place of the meeting at which the Committee shall consider the
Subdivision; mail due notice to all interested parties at least
ten (10) days before the date set for hearing and give notice of
the hearing by publication in accordance with IC 5 -3 -1.
(1) If the Subdivision complies with the Subdivision Ordinance or
has minor deficiencies which, in the Staff's opinion, can be
immediately corrected by the Subdivider's Registered Land
Surveyor and does not need review by the Board of Park
Commissioners, the Department of Natural Resources or any
other State Agency or Board, the Staff shall place the
Subdivision on the agenda of the first available meeting of
the Committee.
(2) If the Subdivision does not comply with the Subdivision
Ordinance and has deficiencies which, in the Staff's opinion,
cannot be immediately corrected by the Subdividers
Registered Land Surveyor or needs review by the Board of Park
Commissioners, the Department of Natural Resources or any
other State Agency or Board, the Staff shall place the
Subdivision on the agenda of the second available meeting of
the Committee.
(c) Committee Consideration. After receiving the Staff Report and
Recommendation, the Committee shall consider the Subdivision at a
Public Hearing.
(d) Committee Action.
(1) If, after consideration, the Committee finds that the
Subdivision complies with all standards regarding Primary
approval of subdivisions and is located within a zoning
district permitting subdivisions, the Committee shall give
Primary approval to the Subdivision, with or without
modifications and conditions imposed; make written Findings
of Fact and a decision which shall include the modifications
and conditions imposed.
(2) If, after consideration, the Committee finds that the
Subdivision does not comply with all standards regarding
Primary approval of Subdivisions or is located within a
zoning district not permitting subdivisions, the Committee
shall deny Primary approval of the Subdivision lat, make
written Findings of Fact and a decision which sets forth its
reasons for disapproval, and provide the Subdivider with a
copy signed by the Secretary of the Committee.
(e) Notice of Committee's Action. Within ten (10) days after the
Committee's acting on the Subdivision, the Staff shall provide the
Subdivider with a copy of the Findings of Fact and decision,
signed by the Secretary of the Committee, and notify all
interested parties of the Committee's decision and their right to
appeal the Committee's decision to the Commission.
(f) If No Appeal Has Been Filed:
(1) If the Subdivision received Primary approval by the
Committee, and no appeal has been filed within ten (10) days
of the date of the Notice of Committee's Action, the Staff
shall affix the Commissionts Seal and Certificate of Approval
on the original drawing and one copy of the original drawing.
The original drawing shall then be released to the
Subdivider's Registered Land Surveyor and the copy of the
original drawing shall be retained in the files of the
Commission.
(2) If the Subdivision was denied Primary approval by the
Committee and no appeal has been filed within ten (10) days
of the Notice of Committee's Action, the Staff shall release
14
the original drawing of the Subdivision to the Registered
Land Surveyor who prepared it.
(g) If An Appeal Has Been Filed. If an appeal has been filed within
ten (10) days of the date of the Notice of Committee's Action, the
Staff shall place the Subdivision on the agenda of the
Commission's first available meeting, mail due notice in writing
to all interested parties at least ten (10) days before the date
set for hearing and give notice of the hearing by publication In
accordance with IC 5 -3 -1. The Staff shall prepare a report with a
recommendation for Commission consideration.
(h) Commission Consideration of Appeal. After receiving the Staff
Report and Recommendation, the Commission shall consider the
Subdivision at a Public Hearing.
(i) Commission Action.
(i) If, after consideration, the Commission finds that the
Subdivision complies with all standards regarding Primary
approval of subdivisions and is located within a zoning
district permitting subdivisions, the Commission shall give
Primary approval to the Subdivision, with or without
modifications and conditions imposed; make written Findings
of Fact and a decision which shall include the modifications
and conditions imposed. The Staff shall then provide the
Subdivider with a copy of the Findings of Fact and decision,
signed by the Secretary of the Commission; affix the
Commission's Seal and Certificate of Approval on the original
drawing and one copy of the original drawing; and release the
original drawing to the Subdivider's Registered Land
Surveyor. The copy of the original drawing shall be retained
in the records of the Commission.
(2) If, after consideration, the Commission finds that the
Subdivision does not comply with all standards regarding
Primary approval of Subdivisions or is located within a
zoning district not permitting subdivisions, the Commission
shall deny Primary approval of the Subdivision and make
written Findings of Fact and a decision which sets forth its
reasons for disapproval. The Staff shall then provide the
Subdivider with a copy of the Findings of Fact and decision
signed by the Secretary of the Commission, and release the
original drawing to the Subdivider's Registered Land Surveyor.
(j) Effective approval. Primary approval of the Subdivision shall be
effective indefinitely; however, all Subdivisions receiving
Secondary approval shall be developed to the latest standards
adopted by the Board, and applicable codes and ordinances.
Section 21 -150. Application - Secondary Approval.
The Subdivision shall be submitted to the Committee at least twenty -one
(21) days prior to the Committee meeting at which it may be considered.
The submission shall include the following:
(a) Drawing. An original ink drawing, and five (5) prints, on
twenty -four (24) inch by thirty -six (36) inch vellum, linen or
mylar film, at a scale of not less than one inch equals fifty feet
or greater than one inch equals one hundred feet. All printed
numbers, letters and typed information shall be the size of a 120
Leroy Template or equivalent 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:
(1) 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,
(2) Legal description of the Subdivision which shall include
section, township, range and governmental township,
15
(3) Name, address, seal and certification of the Registered Land
Surveyor preparing or certifying the Subdivision as
prescribed by the Commission,
(4) Scale, graphic bar scale, date and north point,
(5) Exact location, width and name of all streets within the
Subdivision and the exact location and width of all alleys,
crosswalks and other easements,
(6) Township, range or section line accurately tied to the
Subdivision by bearing and distances in feet and hundredths
thereof,
(7) Boundary of Subdivision, based on accurate traverse survey
with angular and lineal dimensions in feet and hundredths
thereof. The traverse survey shall be closed to a minimum
accuracy of 1:10,000. A boundary closure sheet shall be
provided,
(8) All radii, central angles, points of curvature and tangency,
length of tangents, lengths of arcs, widths of rights -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,
(9) Accurate location and type of all existing and required
monuments,
(10) All easements dimensioned and identified as to their specific
uses,
(11) 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,
(12) All recorded subdivisions bounding the Subdivision shall be
shown in dotted lines with name, section or addition and
Recorder's instrument number,
(13) Any areas other than public right -of -way to be dedicated or
reserved for public use or semipublic use, or areas to be
reserved for the use of all 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,
(14) Dimensioned building setback lines,
(15) Certification of compliance to the National Flood Insurance
Program when required,
(16) Deed of dedication in a manner prescribed by the Commission,
(17) Owner's certification in a manner prescribed by the
Commission,
(18) Notarization and seal in a manner prescribed by the
Commission,
(19) An 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.
(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
Division 8 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:
(1) Run to the City and
(2) 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.
16
(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.
Section 21 -151. Major Subdivision - Secondary Submission, Review, and Approval
procedure.
(a) Referral and Review. The Staff shall, within one (i) working day
after the filing date, 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, and
prepare a report with a recommendation for the Committee's
consideration.
(b) Submission to Plat Committee. Upon 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 place
the Subdivision on the agenda of the first available meeting of
the Committee and announce the date, time and place of the meeting.
(c) 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:
(i) Any Collector streets have been relocated; or
(2) Any entrance street has been relocated; or
(3) The drainage plan has been altered in such a way as to impact
abutting property owners; or
(4) The Plat Committee in its sole discretion believes it
advisable, because of the collective effect of numerous small
changes.
(d) Committee Action.
(1) If, after consideration the Committee finds that the
Subdivision complies with all standards regarding Secondary
approval of subdivisions; all required improvements meet the
requirements of Division 8; 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
shall give Secondary approval to the Subdivision and
authorize the Staff to record the Subdivision per Section
21- 151(e). The Staff shall then affix the Commission's Seal
and Certificate of Approval upon the original drawing and
provide written notification signed by the Secretary of the
Committee that the Subdivision was approved by the Committee,
and that the Subdivision will be recorded within seven (7)
days of Secondary approval.
(2) If the Committee finds that the Subdivision does not comply
with all standards regarding Secondary approval of
subdivisions; any required improvement does not meet the
requirements of Division 8; 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 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 reasons for disapproval. The Staff shall
17
then release the original drawing to the Subdivider's
Registered Land Surveyor.
(e) Recording. Within seven (7) days of the Secondary approval, the
Staff shall record the Subdivision in the Recorder's Office 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 to
the County Assessor, City Building Department, City Engineer,
County Surveyor, the appropriate Township Assessor, the
Commission, Public Utility Companies, the local organization for
Registered Land Surveyors, and the Subdivider.
DIVISION 6. SUBDIVISION REPLATS.
Section 21 -152. Consultation encouraged.
Prior to the submission of a Subdivision Replat, the Subdivider is
encouraged to consult informally with the Staff. This will create an
understanding between the Staff and the Subdivider which may help to
alleviate future misunderstandings and extensive revisions.
Section 21 -153. Application — Primary Approval.
The Subdivision Replat shall be submitted to the Committee at least
twenty —one (21) days prior to the Committee meeting at which it may be
considered. The name of the Subdivision Replat shall not be identical
to that of the original subdivision, but the name of the original
subdivision shall be contained within that of the Subdivision Replat.
The submission shall include the following:
(a) Drawing. An original ink drawing on twenty —four (24) inch by
thirty —six (36) inch vellum, linen or mylar film, at a scale of
one inch equals fifty (50) feet, with five (5) prints of the
drawing. The drawing shall include the following:
(1) Original lots in dotted lines.
(2) New lots designated by letters.
(3) All required information as listed under Section 21- 150(a).
(b) Application. A completed application shall be submitted upon forms
provided and in a manner prescribed by the Commission.
(c) Ownership. Proof of ownership of the Subdivision Replat.
(d) Fee. The submission of a Subdivision Replat shall be accompanied
by fees as prescribed by the Commission.
Section 21 -154. Subdivision Replat Review, Appeal and Approval Procedure.
(a) Referral and Review. The Staff shall, within one (1) working day
after the filing date, refer prints of the Subdivision Replat to
the appropriate agencies.
(1) If the Subdivision Replat falls within a designated flood
hazard area, the Subdivision Replat shall be reviewed by the
Department of Natural Resources.
(2) The Staff may also refer the Subdivision Replat to any State
Agency or Board which has regulations or rules which affect
the use or design of the Subdivision Replat, or the location
or height of structures to be placed within the subdivision.
(3) The agencies shall review the Subdivision Replat and submit a
report to the Staff. The Staff shall review the Subdivision
Replat for technical conformity with the standards fixed in
the Subdivision Ordinance and the requirements,
recommendations and comments of the reviewing agencies, and
prepare a report with a recommendation for the Committee's
consideration.
(b) Submission to Plat Committee. Within thirty (30) days after the
18
filing of the Subdivision Replat, the Staff shall announce the
date, time and place of the meeting at which the Committee shall
consider the subdivision, and shall give due notice in writing to
all interested parties at least ten (10) days before the date set
for the hearing.
(i) If the Subdivision Replat complies with the Subdivision
Ordinance; or has minor deficiencies which, in the Staffs
opinion, can be immediately corrected by the Subdivider's
Registered Land Surveyor; and does not need review by the
Department of Natural Resources, or any other State Agency or
Board, the Staff shall place the Subdivision Replat on the
agenda of the first available meeting of the Committee.
(2) If the Subdivision Replat does not comply with the
Subdivision Ordinance and has deficiencies which, in the
Staff's opinion, cannot be immediately corrected by the
Subdivider's Registered Land Surveyor, or needs review by the
Department of Natural Resources, or any other State Agency or
Board, the Staff shall place the Subdivision Replat on the
agenda of the second available meeting of the Committee.
(c) Committee Consideration. After receiving the Staff Report and
Recommendation, the Committee shall consider the Subdivision
Replat for Primary approval without Public notice and hearing.
(d) Committee Action.
(1) If, after consideration, the Commission finds that the
Subdivision Replat complies with all standards regarding
Primary approval of Subdivision Replats and is located within
a zoning district permitting subdivisions, the Committee
shall give Primary approval to the Subdivision Replat, with or
without modifications and conditions imposed, and make
written Findings of Fact and a decision which shall include
the modifications and conditions imposed. The Staff shall
also affix the Commissionfs Seal and Certificate of Approval
upon two (2) copies of the Subdivision Replat, provide the
Subdivider's Registered Land Surveyor with one copy and
retain the second copy in the Commission's files.
(2) If, after consideration, the Committee finds that the
Subdivision Replat does not comply with all standards
regarding Primary approval of Subdivision Replats or is
located within a zoning district not permitting subdivisions,
the Committee shall deny Primary approval to the Subdivision
Replat and make written Findings of Fact and a decision which
sets forth its reasons for disapproval.
(e) Notice of Committeets Action. Within ten (10) days after the
Committee's acting on the Subdivision Replat, the Staff shall
provide all interested parties with a copy of the Findings of Fact
and decision signed by the Secretary of the Committee, and notify
them in writing of their right to appeal the Committee's decision
to the Commission.
(f) If No Appeal Has Been Filed:
(1) If the Subdivision Replat for which Secondary approval has
been requested, received Primary approval by the Committee,
no appeal has been filed within ten (10) days of the date of
the Notice of Committee's Action, and all modifications or
conditions placed upon the Subdivision Replat by the
Committee, if any, have been complied with or corrected, the
Staff shall give Secondary approval to the Subdivision Replat
and affix the Commission's Seal and Certificate of Approval
on the original drawing, and record the Subdivision Replat
per Section 21- 154(j).
(2) If the Subdivision Replat, for which Secondary approval has
been requested, received Primary approval by the Committee,
no appeal has been filed within ten (10) days of the date of
the Notice of Committee's Action, and all modifications or
conditions placed upon the Subdivision Replat by the
Committee, if any, have not been complied with or corrected,
19
the Staff shall deny Secondary approval to the Subdivision
Replat. The Staff shall provide written notice to the
Subdivider signed by the Secretary of the Committee, which
sets forth its reasons for disapproval, and release the
original drawing of the Subdivision Replat to the Registered
Land Surveyor who prepared it.
(3) If the Subdivision Replat was denied Primary approval by the
Committee and no appeal has been filed within ten (10) days
of the Notice of Committeets Action, the Staff shall release
the original drawing of the Subdivision Replat to the
Registered Land Surveyor who prepared it.
(g) If An Appeal Has Been Filed. If an appeal has been filed within
ten (10) days of the date of the Notice of Committee's Action, the
Staff shall announce the date, time, and place of the meeting at
which the Commission shall consider the subdivision, and shall
give due notice in writing to all interested parties at least ten
(10) days before the date set for the hearing. The Staff shall
prepare a report with a recommendation for Commission
consideration.
(h) Commission Consideration of Appeal. After receiving the Staff
Report and Recommendation, the Commission shall consider the
Subdivision Replat without Public Hearing.
(i) Commission Action.
(1) If, after consideration, the Commission finds that the
Subdivision Replat complies with all standards regarding
Primary approval of subdivision replats and is located within
a zoning district permitting subdivisions, the Commission
shall give Primary approval to the Subdivision Replat, with or
without modifications and conditions imposed and make written
Findings of Fact and a decision, which shall include the
modifications and conditions imposed. The Staff shall affix
the Commission's Seal and Certificate of Approval upon two
(2) copies of the Subdivision Replat and provide the
Subdivider's Registered Land Surveyor with one copy along
with a copy of the Findings of Fact and decision, signed by
the Secretary of the Commission. The second copy of the
sealed and certified Subdivision Replat shall be retained in
the records of the Commission. When all modifications or
conditions placed upon the Subdivision Replat by the
Commission, if any, have been complied with or corrected, the
Staff shall give Secondary approval to the Subdivision Replat
and affix the Commission's Seal and Certificate of Approval
upon the original drawing, and record the Subdivision Replat
per Section 21- 154(j).
(2) If, after consideration, the Commission finds that the
Subdivision Replat does not comply with all standards
regarding Primary approval of subdivision replats or is
located within a zoning district not permitting subdivisions,
the Commission shall deny the Subdivision Replat Primary
approval and make written Findings of Fact and a decision
which sets forth its reasons for disapproval. The staff
shall provide the Subdivider with a copy of the Findings of
Fact and decision signed by the Secretary of the Commission,
and release the original drawing to the Subdividers
Registered Land Surveyor.
(j) Recording. Within seven (7) days of Secondary approval, the Staff
shall record the Subdivision Replat in the Recorder's Office and
so notify the Subdivider. The Staff shall have the original
drawing of the Subdivision Replat 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 Replat to the County Assessor, City Building
Department, City Engineer, County Surveyor, the appropriate
Township Assessor, the Commission, Public Utility Companies, the
local organization for Registered Land Surveyors, and the
Subdivider.
20
DIVISION 7. SUBDIVISION RERECORDINGS.
Section 21 -155. Rerecording application.
The Subdivision Rerecording may be submitted at the convenience of the
Subdivider. The name of the Subdivision to be rerecorded shall not be
altered in any way. The submission shall include the following:
(a) Drawing. The original and three prints of the recorded Subdivision
which received Secondary approval, with the following provisions:
(1) A revision date,
(2) A "Certificate of Rerecording" as defined below in Section
21- 155(b),
(3) Sufficient space beside, below or above the "Certificate of
Rerecording" for the Commission seal.
(b) Certificate of Rerecording. The "Certificate" shall be a written
comment, in detailed form, of the technical changes performed. The
Certificate shall include the following:
(1) The instrument number of the approved and recorded
Subdivision,
(2) Seal and certification of the Registered Land Surveyor
preparing or certifying the Subdivision, as prescribed by the
Commission,
(3) Signatures of all owners, if different from those on the
approved and recorded Subdivision.
(c) Ownership. Proof of ownership shall be provided if the signator or
signators on the Certificate of Rerecording are different from
those on the approved and recorded Subdivision.
(d) Fee. The submission of a Subdivision Rerecording shall be
accompanied by fees as prescribed by the Commission.
Section 21 -156. Referral, review and approval.
(a) Referral and review. After the filing date, the Staff may, if
necessary, refer prints of the Subdivision to the appropriate
agencies for their review and recommendation. The 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.
(b) Consideration. Upon receipt of the reports, if any, from the
agencies and completion of its own review, the Staff shall
consider the Subdivision without public notice or hearing and
determine whether the Subdivision meets the requirements of
Division 7.
(c) Staff action.
(1) If, after consideration, the Staff finds that the Subdivision
complies with all standards regarding Secondary approval of
subdivisions for rerecording, the Staff shall give Secondary
approval to the Subdivision, affix the Commission's Seal and
Certificate of Approval on the Subdivision and rerecord the
Subdivision per Section 21- 156(d).
(2) If, after consideration, the Staff finds that the Subdivision
does not comply with all standards regarding Secondary
approval of subdivisions to be rerecorded, the Staff shall
deny Secondary approval to the Subdivision, provide written
notice to the Subdivider, signed by the Secretary of the
Committee, which sets forth its reasons for disapproval, and
release the original drawing to the Registered Land Surveyor
who prepared it.
(d) Rerecording. Within seven (7) days of Secondary approval, the
21
Staff shall rerecord the Subdivision in the Recorder's Office and
so notify the Subdivider. The Staff shall have the original
drawing of the Subdivision, which was rerecorded, 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 to the County Assessor, City Building
Department, City Engineer, County Surveyor, the appropriate
Township Assessor, the Commission, Public Utility Companies, the
local organization for Registered Land Surveyors, and the
Subdivider.
DIVISION 8. IMPROVEMENTS.
Section 21 -157. Design, Construction and Inspection.
(a) All required improvements shall be designed and constructed in
accordance with the latest standards adopted by the Board.
(b) Inspection of construction of all required improvements shall be
provided by the Board.
Section 21 -158. Required Improvements.
(a) Monuments shall be of concrete with minimum dimensions of four (4)
inches by four (4) inches at top, six (6) inches by six (6) inches
at bottom and thirty -six (36) inches long with a copper dowel
three - eights (3/8) inches in diameter, at least two and one -half
(2 -1/2) inches in length, inbedded so that the top of the dowel
shall be flush with the surface and at the center of the monument.
(b) All lot corners not marked by concrete monuments shall be marked by
galvanized or wrought -iron pipe or iron or steel bars at least
eighteen (18) inches in length and not less than three - fourths
(3/4) inches in diameter. The top of the pipe or bar is to be set
level with the established grade of the ground.
(c) Proper and adequate provision shall be made by the subdivider for
drainage to provide for the disposal of storm water. The
developer shall sod all drainage swales that exceed two percent
(2 %) gradient. Existing water courses shall be maintained and
dedicated for drainage purposes. The City Engineer shall
determine the extent, location, and capacity of such facilities.
(d) The subdivision shall be provided with a complete public sewer and
water system. The work shall be done in accordance with plans,
profiles, and specifications prepared by a professional engineer,
registered in the State, and shall be approved in the case of
sewer by the Board of Public Works, and in the case of water by
the Board of Water Works. Temporary sewage disposal shall meet
the requirements of the State Board of Health.
(e) All water courses crossed by streets or alleys shall be provided
with adequate and permanent culverts of a size, type, and material
approved by the City Engineer. Culverts on existing streets shall
be enlarged wherever necessary by reason of diverted or increased
concentration of drainage. Adequate fences and barriers shall be
provided in connection therewith.
(f) Sidewalk specifications shall be as follows:
(1) Installation by the subdivider of sidewalks on both sides of
streets shall be required. The Commission may waive the
requirements of sidewalks along strictly rural streets or
where a park, railroad, or other use on the side of a street
makes a sidewalk nonessential.
(2) Sidewalks shall be located not less than one (1) foot from
the property line on all except minor streets to prevent
interference or encroachment by fencing, walls, hedges, or
other planting or structure placed on the property line at a
later date. In single family residential areas, concrete
sidewalks shall be five (5) feet wide and four (4) inches
thick. Maximum gradient on walks shall be not more than five
percent (5 %). In multi - family or group housing developments,
sidewalks shall be of a width determined by the Commission.
Sidewalks in commercial areas shall have a minimum width of
ten (10) feet.
22
(g) The Subdivision shall be provided with a complete street lighting
system per the latest standards adopted by the Board.
(h) Trees of a variety approved by the Commission and the
Superintendent of Parks shall be considered a recommended
improvement. If such planting is accomplished, the trees shall be
planted no closer than five (5) feet to the front property line on
the property side and shall be spaced no closer than forty (40)
feet apart. They shall be a minimum of one and one -half (1 -1/2)
inches in diameter measured one (1) foot above the ground. These
restrictions shall apply to the front yard area only.
Section 21 -159. Streets and alleys, specifications.
(a) Streets and alleys shall be completed to grades shown on plans and
profiles prepared on standard profile paper by the Subdivider and
approved by the Board.
(b) All streets shall be surfaced and improved in the manner
determined by the Board and shall conform to the following
schedule:
Street Right -of -Way Width of
Type Width Pavement*
Major Streets 801 to 1201 or as Variable
shown on the Land
Use and Transportation
Plan
Collector Streets
601
361
Minor Streets for Row
Houses and Apartments
60'
321 to 36'
Minor Streets for Single
Family Detached Dwellings
501
26f
Marginal Access **
401
181
Cul -de -sacs and Short
Loop Streets
50'
26'
Alleys
20'
181
On all minor streets an improved, all- weather driveway and driveway apron shall
be provided. The maximum gradient between vertical transitions shall be not
greater than fourteen percent (14 %)
* Measured gutter line to gutter line
** Curb and gutter shall generally not be required on the highway side.
A planting strip with a minimum width of ten (10) feet may be
required on the highway side.
(c) Installation of utilities after sub - grading is completed and
approved and before any base is applied; all of the underground
services, including water mains, sewers, and so on; and all
service connections shall be installed completely and approved
throughout the length of the road and across the flat section.
(d) The Subdivider shall provide permanent concrete curbs and gutters
according to specifications required by the Board.
Section 21 -160. Acceptance of Improvements and Dedication.
(a) In any subdivision containing streets or thoroughfares which are
therein reserved for dedication to public use, Secondary approval
of the Subdivision by the Committee shall constitute the
acceptance of such dedication.
(b) Upon the completion of the required improvements in conformance
with the terms of this Division and the latest standards adopted
by the Board, such improvements shall be accepted with a
three -year warranty.
23
DIVISION 9. ADMINISTRATION.
Section 21 -161. Recommendations for Modifications or Amendments.
The Commission, in accordance with statutes adopted by the Indiana
General Assembly, may from time to time recommend to the Council
revisions, modifications or amendments to this Article.
Section 21 -162. Variances.
(a) When the subdivider can show that a provision of these
regulations, if strictly adhered to, would cause unnecessary
hardship; and, when in the opinion of the Commission, because of
topographical or other conditions peculiar to the site, a
departure may be made without destroying the intent of such
provision, the Commission may authorize a variance or
modification. The subdivider shall apply in writing for such
variance or modification of the requirement complained of. Such
application shall be duly considered by the Commission at the next
regularly scheduled monthly meeting.
(b) Unusual and imaginative developments are welcomed and may be
approved if they measure up to the spirit and intent of this
Article even though they deviate from some of the particulars.
Section 21 -163. Approval Required.
No subdivision shall be entitled to recording in the office of the
County Recorder or have any validity until it shall have been approved
in the manner prescribed in this Article.
24
SECTION 3: This Ordinance shall be in full force and effect from
and after its passage by the Common Council, approval by the Mayor and legal
publication.
Ist READi.. , /'0 —
PUBLIC Fi'A -,-,! =.G
2nd READING
NOT APPROVED
REFERRED
PASSED
✓vl
ember of the Common Counci
FILED IN CLERK's OFFICE
Oc 2 1982
Irene Gammon
Aff3 REA PLAN COMMISSION
OF ST. JOSEPH COUNTY, IN
Room 1140 County -City Building
October 20, 1982
The Honorable Common Council
City of South Bend
4th Floor, County -City Bldg.
South Bend, IN 46601
South Bend, Indiana 46601
RICHARD S. JOHNSON
Executive Director
(219) 284 -9571
RE: A proposed ordinance initiated by the Area Plan Commission amending
Article 8 of Chapter 21 of the South Bend Municipal Code regulating
Subdivisions
Gentlemen:
The attached ordinance initiated by the Area Plan Commission amending Article 8
of Chapter 21 of the South Bend Municipal Code regulating Subdivisions was
legally advertised on October 9, 1982. The Area Plan Commission gave it a
public hearing on October 19, 1982, at which time the following action was taken:
Upon a motion by Robert Lehman, being seconded by Evelyn
Clark and unanimously carried, the proposed ordinance
initiated by the Area Plan Commission amending Article 8
of Chapter 21 of the South Bend Municipal Code regulating
Subdivisions is sent to the Common Council with a favorable
recommendation.
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.
Attached, for your consideration in the review of this matter, is a copy
of the Area Plan Commission's Staff Report.
Sincerely,
Richard S. Johnson
Executive Director
RSJ:sr
Attachment
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, /N
Tomm[##re Iepor# I `: r
00 t4e (gammon ( 0umit of ille (Mg of #0144 wend:
Your Committee OF THE WHOLE
to whom was referred
BILL NO.
122 -82 A BILL AMENDING ARTICLE 8 CHAPTER 21 OF THE SOUTH BEND
MUNICIPAL CODE REGULATING THE SUB— DIVISION OF LAND.
Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED
TO THE COUNCIL FAVORABLE.
JOHN VOORDE
Chairman
PQQE IB EBB o pYBLIBXIN4 CO.