HomeMy WebLinkAboutCED Annexation Policy Plan 1992FINAL REPORT
ANNEXATION POLICY AND PLAN
for
CITY OF SOUTH BEND, INDIANA
November 1992
Prepared By
COLE ASSOCIATES INC-
Engineers/Architects/Planners
2211 East Jefferson Boulevard
South Bend, IN 46615
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TABLE OF CONTENTS
INTRODUCTION
A. The Annexation Issue
B. Annexation Study Process
C. Annexation Study Area
CRITERIA FOR ANNEXATION
A. General
B. Annexation by Petition
C. Special Use Annexation
D. Annexation by Council
E. Remonstrance
F. Payment of Debts
G. Failure to Implement Fiscal Plan
URBAN GROWTH AND DEVELOPMENT
A. Existing Land Use
B. Zoning
C. City and County Growth Trends
D. Potential Development Areas
MUNICIPAL SERVICES
A. Department of Law
B. Department of Code Enforcement
C. Department of Administration and Finance
D. Department of Economic Development
E. Department of Public Works
F. Police Department
G. Fire Department
H. Department of Parks and Recreation
ANNEXATION POLICY
A. Statement of Philosophy
B. Statement of Purpose
C. Statement of Policy
D. Guidelines for Implementation of the
Annexation Policy
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VI. ANNEXATION PLAN
A. Planning Analysis 54
B. The Annexation Plan 55
1. INTRODUCTION
A. THE ANNEXATION ISSUE
1. Historical Growth Trends
Since its incorporation in 1865, South Bend has followed growth trends
typical of industrial cities throughout the Midwest. Up to 1960, the City's
industrial growth was mirrored by exceptional population increases and
expansion of the corporate limits thru annexation of many residential areas.
In 1960 the decennial census showed what would prove to be a peak
population of 132,445. By 1990, the City population had declined to 105,511, a
total only slightly greater than the 1930 population of 104,193.
This population decline can be attributed to several events including the
erosion of the City's heavy industrial manufacturing base and a slowdown in
the annexation of residential areas. The most substantial reason for this
population decline, however, can be attributed to a new growth trend of
population gradually shifting from the City to unincorporated areas of St.
Joseph County. The beginning of this trend can be seen in the 1950's during
which time those areas of the County outside of South Bend and Mishawaka
experienced a substantial 29.5% growth in population compared to a
moderate 14.3% for South Bend. By the 1960's, this new growth trend of City
population decreases, coupled with County population increases, was well
established. Between 1960 and 1990, South Bend's population decreased over
20% while the remainder of the County, excluding Mishawaka, increased
36%. Population trends for the past three decades for South Bend and those
areas of St. Joseph County, outside of South Bend and Mishawaka are:
1960's 1970's 1980's
South Bend -5.5% -14.4% -4.0%
St. Joseph County +15.3% +9.2% +7.9%
Most of the County growth has occurred primarily in the so-called collar
townships around South Bind and Mishawaka. These are Centre, Clay,
German, Harris and Penn. During the 30 period ending in 1990, these collar
townships experienced a population gain of 47,299, while Portage Township,
which is mostly within the corporate limits of South Bend, lost 39,973 people.
Even discounting Harris and Penn Townships, which for the most part are
beyond the potential growth limits of South Bend, the remaining collar
townships had a population increase of 25,483 or 98.7%.
2. Historical Annexation Trends
South Bend has a long history of annexation. The trend in annexation over
the past 30 years, however, has changed resulting in more non-residential
annexations and an overall slight decline in the number of annexations.
The 1960s saw continued expansion of the City limits, with the most number
of annexations of any decade to date. These annexations primarily
accommodated the new residential subdivisions that were being developed
on the southern fringe of the City. One prominent expansion was the
annexation of land on the northwest side, ultimately zoned industrial and
representing Phases 3 and 4 of the Airport Industrial Park. Additionally, 744
acres of zoned residential land, surrounding what is now the St. Mary of the
Assumption School on Locust Road in the southwest part of the City, was
annexed.
Successful annexation of fringe areas continued through the 1970s and 1980s,
but on a noticeably more modest scale. The majority of the land annexed
during these years was zoned for industrial uses and included Michiana
Regional Airport and the area encompassing the Airport 2010 project. These
areas northwest of the City had long been targeted by the City for industrial
expansion through the City's aggressive economic development programs.
Six annexations are of major importance in the discussion of the City's
annexation history. These include four unsuccessful annexations and two
annexations still in court. Their importance lies in the City's recognition and
attempt, in the late 1960s to early 1970s, to catch up with the area's shifting
demographics and remain as the region's primary growth center. Two of
these annexations represent the largest annexations ever attempted since a
1911 ordinance redefined the City's boundaries to incorporate what was then
called the Town of River Park.
The largest of these six attempted annexations was initiated in 1974 and had a
land area of 7,289 acres (11.4 square miles) in German and Portage Townships,
stretching from Auten and Brick Roads on the north, the Bypass on the west,
and Grant Road on the south. This area encompassed the Michiana Regional
Airport, most of the area currently being developed under the Airport 2010
project, the developing industrial subdivisions on the north side of New
Cleveland Road, and the residential areas between the current City limits and
the Bypass. This annexation was unsuccessful.
The second largest attempted annexation, and one that is still in court, is
typically known as the Clay -German annexation, and extends in a rough "U
shape from the Michigan State Line to Hickory Road. This annexation
consists of 3,452 acres (5.4 square miles) and was initiated in 1973. This area is
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made up of the U.S. 31 commercial corridor and the developed residential
areas for approximately one-half mile on either side. It also includes the
residential areas on the north side of the Toll Road, such as Georgetown,
Arlington, Castle Point Apartments, Carriage Hills, Swanson Highlands,
Bowercrest and Toll View.
Of the four smaller annexations, three are located in the south part of the City
and one is located in the northwest. Of the three located in the south, the
unsuccessful Gilmer Park annexation represented the most built-up area,
consisting of approximately 890 acres (1.4 square miles). The other large
annexation that was rescinded was a 532-acre (0.9 square mile) parcel roughly
bounded by Hickory Road, Battles Street, Ironwood Drive and Jackson Road.
The remaining southern parcel is still in court. It is a 246-acre area bounded
by the City limits, Linden Road and the US 20/31 Bypass. The fourth
annexation consisted of 950 acres bounded by Hickory Road (extended), the
Toll Road, Ironwood Drive and Ivy Road, and the City limits. Commonly
known as the Maple Lane area, it is bisected by S.R. 23, a major arterial
connecting the central city with the northeast suburbs. The National Center
for Senior Living is a prominent project currently being developed in this
area. This annexation was also unsuccessful.
The annexation attempts listed above represent approximately 21 square
miles of land area that could have considerably added to the City's growth
and ability to control development along its fringe areas. Much of the land
area, especially represented by the Clay -German, Gilmer Park and Maple Lane
annexation attempts, are highly urbanized fringe areas that are natural
extensions of the City's street and development pattern. Successful
annexation of these areas in earlier years would have positioned the City to
better compete on the local level for the economic development
opportunities that subsequently presented themselves, and to share in the
rapid expansion of residential development in the suburban fringe areas.
3. General Issues
Despite the loss in population experienced over the past 30 years, the City is
still faced with providing and maintaining urban services at acceptable levels.
Both inflationary and mandated services push municipal operating
expenditures up while migration of the population, relocation of the
commercial base and a smaller industrial base erodes the City's tax base. A
smaller number of City residents, therefore, must bear the costs of
maintaining an increasingly higher level of services, reflective of the quality
of life standards that the community has set for itself.
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Although not meant to be an exhaustive listing, noted below are several
trends that can be identified as having contributed to development beyond
the City limits.
• The increasing mobility of the population has resulted in not only having
the ability to seek jobs in other localities, but also having the ability to live
in areas not serviced by public transportation;
• the liberal extension of sewer and water service beyond the City limits has
allowed opportunities for high -density projects in the unincorporated
areas, such as apartments and planned unit developments;
• the availability of large and numerous tracts of developable land beyond
the City limits has provided the opportunity for housing additions able to
accommodate the newer and larger contemporary homes;
• the general suitability of the underlying soils for private well and septic
systems, and the liberal standards of the state law governing such systems,
has contributed to the encouragement of development without the
necessity of central sewer and water facilities;
• the development requirements of the County are generally considered
less rigorous than those of South Bend. County developments are not
required to install sidewalks, street lights, sewer and water lines or fire
hydrants; and,
• there is no County -wide growth management plan. Such a plan would
recognize the costs of haphazard land development and provide for timely
improvements to the infrastructure required to support land develop-
ment, such as improvernent to the transportation network and the
methodology to pay for it.
Up to and through the 1950s, working, living, shopping and entertainment
pursuits used to occur within the defined limits of the City. It was essentially
the exception to do any of those activities beyond those limits. Now, the
opposite is true. It would not be unusual for an individual to work in South
Bend, live in the unincorporated area of the County and shop within the City
limits of Mishawaka.
Commercial and residential growth has been occurring along the City's
periphery for years, with some properties being annexed and others not. A
quick look at a City map shows a municipal boundary that appears to ramble
and to be arbitrary in nature. This meandering boundary winds its way
through the built environment often resulting in an inequity of taxation and
service availability between neighboring properties having no clearly
identifiable difference.
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The growth on the City's fringe has produced a complex pattern of
government by multiple jurisdictions. In many areas, there is no discernible
difference between what is inside or outside the City. This urban mix of City
and County jurisdictions creates confusing service delivery areas promoting
administrative duplication and excessive costs among the various units of
government such as:
• Confusion for proper jurisdictional response by police and fire;
• increased County and Township budgets (rise in tax levies) to pay for
urban -type services, such as higher roadway maintenance, fire and service
delivery systems and administ-rative costs;
• generally incompatible land use regulations providing similar neigh-
boring properties with inconsistent development patterns; and,
• availability and use of City services and facilities paid for and maintained
by City residents, but used by County residents.
Greater pressure and responsibility is being applied and experienced at both
the County and Township level of government for the provision of
urban -type services, or what would commonly be viewed as services
traditionally provided by the City. Service levels are a reflection of tax rates
and both can vary depending upon one's location within the urban area. In
fact, a review of published tax rates shows that over the past five year period,
the rates in the unincorporated portions of the collar townships have
increased while the portion of these same townships located within the
corporate limits have actually decreased. Annexation offers a taxing structure
that can provide for a coordinated approach to infrastructure improvement
and maintenance. A unified growth plan for the City and the proposed
annexation areas will alleviate long-term development of redundant services
and prevent contradictory land use development.
4. The Need for Annexation
Annexation is a systematic process that traditionally has been the primary
ich cities regulate their physical expansion. But the need and means by wh
justification to annex is driven by far more than just a desire for additional
land. Areas beyond the City limits have often developed as a legitimate
response to the need for larger lot sizes or a more rural setting, or simply the
availability of land. But they can also represent attempts to participate in the
social, educational, cultural or commercial activities of South Bend without
paying the taxes which support them. The issues associated with the need to
consider annexation are discussed below. Whether the City annexes or not,
the present issues and problems created by growth on the urban fringe will
continue to affect the City in the future.
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a. Additional Land
The City must expand into areas that are capable of sustaining commercial,
industrial and residential development. This will provide the City with
the opportunity to compete with other developable areas, not only
county -wide, but also on a regional and ultimately on a national level.
The recent relocation of the National Steel headquarters is a prime
example of the City not being able to have readily available land within
the City limits that would have provided a viable alternative for this
company. Other opportunities will be available, and the City must be in a
position to respond.
With the exception of the south side, the City has few areas within the City
limits available and ready for new, contemporary residential develop-
ment. This lack of developable land does not offer the opportunity for
those wishing to locate, or even to relocate, within the City to construct a
house of the same scale and quality as those being built in the County. By
increasing the amount of available land, which has the full range of public
services available, the City increases the opportunities for positive
residential development.
b. Additional Property Taxes
The City must increase its property tax base. The additional taxes
generated will contribute to the financing of the regional facilities built
and maintained by City residents. Additional property taxes will also help
to enhance and maintain the infrastructure that is required in order to
promote efficient urban development.
c. Increased Population Base
An increased population base provides the potential for one of the most
positive effects of annexation. The next decennial census is in the year
2000. An aggressive annexation program will help to stabilize, if not
increase, the City's population growth. A population gain in the 2000
Census will reverse the population loss shown in the past three Censuses.
Population can also be a prime factor in the distribution of federal and
state funds. Many of the grants that the City actively pursues, including
several on an annual basis, rely on funding formulae based in part on total
population. Community Development Block Grant and HOME funds are
two of the largest. Similarly, distribution of certain state revenue is based
in part on the City's population. Some of these revenue sources include
the Cigarette Tax, Alcohol Gallonage Tax, Motor Vehicle Highway
Account and the Special Highway User Account.
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d. Administration of Surrounding Development
It is in the best interest of the City to have a voice in the development and
governance of adjoining neighborhoods, since it is clear that they
influence City issues, and vice -versa. To effectively manage urban growth,
South Bend must regulate the extent and quality of development at the
fringes to ensure compatibility of developments through public input and
coordination of infrastructure development. It is far more efficient and
logical to have administrative and service responsibilities of like
development under one jurisdiction to ensure the consistent application
of administrative rule and allow for the efficient provision of services.
e. Fiscal Equity
Everyone within the urbanized area, if not the entire County, benefits
from a flourishing central city with its vital facilities and services. These
facilities and services address a large part of the quality of life issues which
have a direct and positive economic development impact on the City.
Unfortunately, an unfair burden of subsidization falls on only a portion of
those using the facilities and services. City residents pay a dispro-
portionate share for facilities and services which benefit the entire
community, such as the park system and the entertainment and
convention facilities.
Of particular note are the use and availability of regional facilities, such as
Stanley Coveleski Regional Stadium, Morris Civic Auditorium, the East
Race and Potawatomi Park Zoo. Many of these facilities were built under
the City's bonding authority. Although open to and enjoyed by all
residents of St. Joseph County, only those residents who live within the
City limits bear the burden of the tax levies and the yearly maintenance of
these first-class facilities.
Large numbers of suburban residents utilize a significant portion of the
City's resources and services on a daily basis. Those residents who
commute into and work in the City use the City's streets, traffic control
systems, sewer and water service, and various other public facilities.
Non -city residents, while doing business in the City, also have available to
them police, fire and medical response teams if required. Even those
County residents who do not work within the City limits have available to
them City park facilities such as tennis courts, picnic areas, ball diamonds
and the City's progressive river walk system.
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f. Environmental Safeguards
Long-term health and safety hazards relative to groundwater pollution
and the protection of water supply are legitimate issues for the entire
community. The recent situations centered around the Amoco Tank
Farm in Granger and the hazardous waste site in the vicinity of S.R. 23
and Mayflower Road are graphic examples of the sensitivity of the area's
groundwater cycle. Development that occurs without City utilities
requires the use of septic systems and individual wells. Municipal and
community -owned wellhead protection programs are already being
considered, and the current proliferation of private septic systems and
wells are going to be a concern in any successful program.
Private central water distribution systems are expensive to establish and
maintain. South Bend's existing sewer and water systems can provide the
opportunity for efficient central utility service, thereby providing a needed
and readily available urban -type services.
g. Economic Homogeneity
Economic ties between South Bend and the fringe areas are strong. It is
estimated that 12,000 people work in downtown South Bend. The central
business district remains a strong influence in office development,
continuing to attract a large percentage of the County's professional
workforce. The Airport 2010 Plan provides South Bend with an
alternative resource to compete for the placement of industry and jobs
within the City limits.
h. Social Association
Because of their proximity to the City, residents of areas under consid-
eration for annexation have strong social ties to South Bend and benefit
from a variety of City services and amenities which are municipally
financed. South Bend is the focus of the community's arts, entertainment
and convention activities. Century Center, the East Race and current
renovations to the Morris Civic Auditorium and Palais Royale provide
the one -of -a -kind type of facilities that can be enjoyed by the entire
population of St. Joseph County. Cite residents bear the major burden of
renovation ad maintenance costs that these facilities require, yet these
facilities are all available to non -city residents without having to
contribute a proportionate share of the cost.
5. The Advantage of Annexation
A City's ability to attract and retain business and residents is based in part on
the City's ability to exert control over its environment. South Bend should
periodically evaluate areas immediately adjacent to the City boundary where
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the City has expanded in fact, if not in name. It is to the City's advantage to
have a comprehensive annexation policy and to pursue that policy through a
consistent program. The need to annex adjacent areas has been established in
the previous section, and the resulting advantages are clear.
Implementation of an active annexation policy and plan will enable the City
to:
• Incorporate the urbanized fringe areas with its similarity of land use,
intensity and service delivery requirements, providing the City greater
opportunity to direct and manage developments that are conducive to the
City's goals of managing its immediate environment;
• make available the City's Barrett Law procedure as a possible additional
means to finance needed or desired infrastructure improvements and to
provide managed growth;
• facilitate planning for future growth by providing developable sites within
the City, thereby establishing the means to compete on an equal basis with
jurisdictions on the local, regional and national level;
• eliminate irregular, confusing and arbitrary City boundaries,
• be in a position to safeguard the health of surrounding residents in the
face of increasing concerns on groundwater contamination;
• more efficiently direct and influence development along the Indiana Toll
Road and the U.S. 20/3I Bypass corridors;
• more effectively direct and control development along the major
transportation arteries leading into the City, such as S.R. 23, U.S. 33,
S.R. 2, U.S. 31 and U.S. 20;
• increase revenues by expanding its property tax base;
• increase its population, thereby in part providing for greater funding
allocations from federal grants and state revenue sources;
• more fairly distribute the tax burden among all residents for the
maintenance of regional facilities enjoyed by all;
• remain a major center for local and regional economic development by
following natural growth patterns in the fringe areas; and,
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• grow and develop at a rate comparable with that of the area as a whole.
The need and cost of all City services have increased at a faster rate than
the growth necessary to support them. Aggressively annexing the fringe
areas of the City will help equalize the tax burden of City residents and
provide more equitable service delivery.
The City's present relationship with its surrounding environment has been
concisely discussed above. No one issue is the driving force behind South
Bend's need to pursue annexation, but they are all equally important in the
development of the foundation of the annexation program.
The past 40 years have witnessed a tremendous upheaval in our society,
creating the economic and social conditions which face the South Bend
community. One of the few opportunities that the City has to keep up with
what will invariably be even greater changes is to grasp control of its physical
environment. Indiana annexation law, although somewhat cumbersome to
deal with, is one of the few legislative tools currently available for South
Bend to address the issues with which it will have to face in the coming
decade and beyond.
In order for the City to develop in a planned and coordinated manner, the
City should abandon its passive approach to annexation for an active policy of
controlled growth and development with an aggressive City -initiated
annexation program.
B. THE ANNEXATION STUDY PROCESS
Annexation is more than the physical incorporation of territory. It is a systematic
and comprehensive planning process that, when successfully implemented, will
enable the City to efficiently manage growth and development for the benefit of
all citizens and businesses located in the South Bend urban area. Section I of this
study provides insight into why annexation should be considered. Issues that the
City must address as the metropolitan center of the urbanized area are identified
and the need for undertaking annexation as a solution to these issues is
formulated. The study process for developing the City's annexation policy and
plan is also overviewed in Section I, along with the creation of a study area to be
evaluated for potential annexation.
Addressing these issues will require a solid foundation of information that
subsequently will be used for establishing the City's policy and plan for
annexation. An essential requirement for this foundation is a thorough
understanding of the legality of annexation. Section II of this study reviews the
state annexation law, the annexation process, and the requirements that will be
imposed upon the City for serving annexed territory.
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Section III reviews physical planning elements with respect to where growth has
and may occur. Land use and zoning provide background information that can be
used for developing the City's physical plan for growth through annexation.
These two planning elements show where the urban area presently extends, and
provides insight into where future urban expansion may occur. They show the
location of undeveloped territory that could be developed in the future in order
to meet the City's growth needs and, also, what presently developed territory may
need to be annexed to attain the annexation goals. Additionally, these two
planning elements can be a primary requirement for compliance with certain
aspects of the State annexation law. Twenty years of expansion of the City's
corporate boundary through annexation and major residential developments
outside of the City are reviewed. Also addressed is the physical capability of land
to support future urban growth.
South Bend will be required to extend certain municipal services to annexed
territory. Section IV provides a brief review of these services on a departmental
basis and identifies what involvement each department will have with respect to
future annexation. The need for potential major capital and non -capital
expenditures for certain services will also be identified along with the need for
formulating coordinated, long-range plans for extending services to annexed
territory.
Section V consolidates the informational foundation of the previous sections of
the study and establishes the City's annexation policy. The annexation policy
states the goal the City desires through annexation, formulates objectives that can
be used to achieve these goals, and presents guidelines to be used for
implementing annexation actions and for decision -making in the planning
process.
The annexation plan, presented as Section VI, is the graphic presentation of the
planned physical expansion of the City through annexation. It identifies both
developed land having urbanized characteristics similar to the City, as well as
undeveloped land where future growth is anticipated.
This study relies heavily upon the collection and analysis of planning data. The
presentation of this data, along with the City's Annexation Plan, is made on
several maps which are consolidated in a companion binder titled Map Appendix.
C. ANNEXATION STUDY AREA
Where should annexation occur? This is one of the ultimate objectives to be
addressed by this study. In order to begin studying for future annexation, a defined
spatial area was needed.
The annexation study area was established for planning purposes only. The
boundary of the study area is not intended to represent the ultimate long-range
limits of future annexation. As a study area, it was important not to place restric-
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tions upon the spatial area to be considered for potential annexation.
Accordingly, the study area includes all existing urbanized land adjacent, or in
close proximity, to the City and adequate additional acreage to be studied for
identifying where long-range growth may occur.
As shown on Map 1, the annexation study area generally extends from 1-1/2 to
2-1/2 miles beyond the present corporate limits. In some areas, the boundary
extends up to 4-1/2 miles from the City. Overall, the study area encompasses
approximately 73 square miles and includes territory located in Centre, Clay,
German, Greene, Penn, Portage and Warren townships.
Several jurisdictional factors were also considered in establishing the study area
boundaries. One is the forinal governmental boundaries of the City of
Mishawaka, Towns of Roseland and Indian Village and the State of Michigan.
Another factor is the informal boundary between South Bend and Mishawaka,
both to the north and south of the present common corporate limit. To the
north, the common corporate limit has generally been along Hickory Road. In
order to provide adequate spatial area for the study, the boundary of the study area
follows Hickory Road north to Brick Road. Near this point, the northernmost
corporate limit of Mishawaka ends, and thus, the study area boundary was
extended further east to Gumwood Road, which is also the eastern boundary of
Clay Township. To the south, the informal boundary is less defined. In addition
to the need for having an adequate spatial area for the study, the boundary for the
study area was established based upon additional considerations for managing
growth along major roadways such as Ireland Road and the U.S. 20 Bypass, as well
as the need to consider in -fill annexation of territories that are gradually
becoming surrounded by one or both of the adjacent cities.
A final note about the study area is the Elbel Golf Course. This property is owned
by the City, but is not a part of the corporate limits. It is shown on Map 1 for
reference purposes only.
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II CRITERIA FOR ANNEXATION
A. GENERAL
Chapter 3, Title 36 of the Indiana Code provides the statutory criteria for
municipal annexations. Familiarity with this criteria is essential for developing
the City's annexation policy and plan and, ultimately, for attaining the City's
annexation goals. An annexation policy and plan that is consistent with the
statutory criteria, including case law, will help the City to proceed smoothly
through the annexation process.
Except for special use annexations, territory to be annexed must be contiguous to
the corporate limits of South Bend. Such territory is considered to be contiguous
if at least one -eighth (1 /8), or 12.5%, of the aggregate external boundary of the
territory to be annexed coincides with the corporate limits. A strip of land less
than one hundred fifty (150 ) feet wide which connects South Bend to the territory
proposed for annexation is not considered contiguous to either South Bend or the
property proposed for annexation.
These criteria defining contiguous territory were added to the Code in 1981 in an
effort to minimize selective flag -pole annexations whereby municipalities were
using narrow strips of land, such as street right-of-ways, to annex remotely located
territory. The Code was further amended to disallow the use of such flag -pole
annexations as being part of the contiguous corporate limits for future
annexations. In 1985, this section of the Code was again amended to permit
annexations off of flag -pole annexations only if subsequent annexations off of the
flag -pole territory had been approved prior to May 1, 1981. In 1977, South Bend
annexed the Laurel Woods Apartments on Auten Road at Laurel Road. This
annexation appears to be a flag -pole annexation in which no subsequent
annexations prior to May 1, 1981 occurred which used this territory as part of the
contiguous corporate limits. Therefore, this territory cannot be used as
contiguous territory for future annexations.
Annexations may occur in one of three ways. The first is annexation by petition
from property owners contiguous to the City. This is commonly referred to as a
voluntary annexation. The second is the annexation of non-contiguous territory
containing a special land use, as described by State Law. The third is annexation of
contiguous territory by the City Council. This is commonly referred to as an
involuntary annexation. Each of these three types of annexations are discussed in
the following sections along with additional requirements specifically related to
annexation by the City Council.
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B. ANNEXATION BY PETITION
When residents in an area abutting South Bend desire annexation to the City,
fifty-one percent (51%) of the property owners, or the owners of seventy-five
percent (75%) of the total assessed value of the land within the area, may petition
the City Council requesting a special ordinance for the purpose of annexing their
territory. If the Council fails to pass such special ordinance within sixty (60) days
from the date of the filing of the petition, the petitioners may file a duplicate copy
in the Superior Court of St. Joseph County with reasons why annexation should,
in justice, take place. The City becomes_ the defendant and must appear and
answer in court.
The court shall order the proposed annexation to take place, notwithstanding the
provisions of any other law of the State of Indiana, if the evidence establishes all
of the following factors:
a. Essential municipal services and facilities are not available to inhabitants
of such territory;
b. the City is physically and financially able to provide municipal services to
the area sought to be annexed;
c. the total resident population of the areas sought to be annexed is equal to
at least three (3) persons for each acre of land included with its
boundaries; and,
d. at least one -eighth (1 /8) of the aggregate external boundaries of the
territory sought to be annexed is contiguous with the boundaries of South
Bend.
C. SPECIAL USE ANNEXATION
The City Council may, by ordinance, annex territory that is not contiguous to the
City and is occupied by a City -owned or operated airport (or landing field), sanitary
landfill, golf course or hospital.
D. ANNEXATION BY COUNCIL
The City Council shall have the power, by ordinance, to declare and define the
entire corporate boundaries of the City; or by separate ordinance, not purporting
to define the entire boundaries of the City, annex contiguous territory by
describing the territory.
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The terms and conditions applicable to any such annexation may relate to any
matter reasonable and fairly calculated to render such annexation just and
reasonable both to the City and to the annexed territory, including, but not
restricted to, such matters as:
a. Postponing the effective date of such annexation;
b. impounding in a special fund, in whole or in part, the municipal
property taxes to be imposed upon the annexed territory after annexation
shall take effect, in such amount and for such period of time not to exceed
three (3) years, as the City Council may determine, and using the
impounded taxes solely for the benefit of the annexed territory, its
property owners and inhabitants, in the extension of municipal services
and benefits and the making of municipal or public improvements in
annexed territory; and,
C. establishing equitable provisions for the future management and
improvement of the annexed territory and for the rendering of needed
services.
E. REMONSTRANCE
An annexation ordinance may be appealed by either a majority of the owners of
land within the area to be annexed, or by the owners of more than seventy-five
percent (75%) of the assessed valuation of the real estate within the area to be
annexed. In order to appeal the ordinance, a copy of the ordinance and a written
remonstrance stating why annexation should not take place must be filed in the
Superior Court of St. Joseph County within sixty (60) days from final publication
of the ordinance.
Upon receipt of the remonstrance by the Court, the judge shall determine
whether it is a valid remonstrance and set a time for a hearing thereafter. The City
would become the defendant and be required to appear. The judge of the Superior
Court shall order the proposed annexation to take place if the evidence establishes
all of the criteria for one of the options discussed below and the preparation of a
written fiscal and policy plan. If the decision is against annexation, no further
annexation proceedings on the part of the City may be undertaken for two years
after judgment has been rendered for the area sought to be annexed.
1. Annexation Option 1
The aggregate external boundaries of the territory sought to be annexed are
1/8 contiguous to the boundaries of South Bend, and that either of the
following exist:
• The resident population density of the territory is at least three (3)
persons per acre; or
15
• 60% of the territory is subdivided; or
• the area is zoned for commercial, business or industrial uses.
2. Annexation Option 2
The territory must be 1/4 (25%) contiguous to the boundaries of South Bend,
and the territory must be needed and can be used by South Bend for its
development in the reasonably near future.
3. Fiscal and Policy Plan
Both options also require South Bend to adopt, by resolution, a written fiscal
and policy plan. This plan must include all of the following:
• the cost estimate of planned services to be furnished to the territory;
• the method of financing the services;
• the plan for the organization and extension of services;
• the provision of non -capital services to be provided to the annexed
territory within one (1) year after the effective date of annexation, and
that they be provided in a manner that is equivalent in standard and
scope to those non -capital services currently being provided to areas
within South Bend of similar topography, patterns of land use, and
population density;
• The provision of capital improvements to be provided to the
annexed territory within three Q) years after the effective date of
annexation, in the same manner as those improvements are
provided to areas within South Bend that have similar topography,
patterns of land use and population density, and in a manner
consistent with federal, state and local laws, procedures and planning
criteria; and,
• the plan for hiring the employees of other governmental entities
whose jobs will be eliminated by the annexation, although the City is
not required to hire any employees,
F. PAYMENT OF DEBTS
When South Bend annexes any territory from a township which is indebted or
has outstanding unpaid bonds or other obligations at the time of annexation of
such territory, then the City shall be liable for and pay as much of such indebted-
16
ness of the township, in proportion to the assessed valuation of the annexed
territory to that of the entire township, as assessed for general taxation prior to the
annexation.
South Bend shall pay such part of the proportion of the indebtedness of the
township to the township trustee. If the indebtedness consists of outstanding
unpaid bonds or notes, the City will make payment to the trustee at the time the
principal or interest of the bonds or notes becomes due.
G. FAILURE TO IMPLEMENT FISCAL PLAN
Within one (1) year after the expiration of any of the following time periods, any
person who pays taxes on property located within the annexed territory may file a
complaint alleging injury resulting from the failure of the City to implement the
plan. These time periods are:
• The one (1) year period for implementation of planned services of a
non -capital nature; or,
• the three (3) year period for implementation of planned services of a
capital improvement nature; or,
• the three (3) year period for implementation of a fiscal plan for providing
services to an annexed territory.
The complaint must name the City as defendant and shall be filed with the
Superior Court of St. Joseph County. The court shall hear the case within sixty
(60) days without a jury. In order to be granted relief, the plaintiff must establish
any of the following:
• That the City has willfully failed to implement the fiscal plan within the
statutory time limit; or
• that the City has not provided police protection, fire protection, sanitary
sewers and water for human consumption, unless one of these services is
being provided by a separate taxing district or by a privately owned public
utility; or
• the annexed territory is not receiving governmental and proprietary
services similar in scope and standard as other similar areas of the City.
The court may impose one of the following decisions:
• Grant an injunction prohibiting the collection of taxes levied by the
annexing city on the plaintiff's property located in the annexed area;
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• award damages to the plaintiff not to exceed one and one -quarter (1-1/4)
times the taxes collected by the City for the plaintiff's property located in
the annexed area;
• order the annexed area or any portion thereof to be disannexed from the
City;
• order the City to submit a revised fiscal plan for providing the services to
the annexed area within time limits set up by the court; or
• grant any other appropriate relief.
If the court finds for the plaintiff, the City shall pay all court costs and attorney's
fees.
is
111 URBAN GROWTH AND DEVELOPMENT
A. EXISTING LAND USE
Existing land uses were identified by four (4) classifications. These are residential,
commercial/industrial, recreational/institutional and agriculture/undeveloped.
Existing land uses were collected and mapped as precisely as possible, however,
the land use mapping must be recognized as still being fairly general and
intended for planning use only. Exact parcel -by -parcel land use identification
will be required when a specific annexation is proposed. Existing land uses are
shown on Map 2.
As previously noted, a remonstrance can be filed by property owners against an
annexation initiated by the City Council. If the proposed annexation is desired by
the City under the Option 1 type of annexation, one of the possible criteria that
must be established is that the area have a resident population of at least three
(3) persons per acre. Another possible criteria is that the area be at least sixty
percent (60%) subdivided. The mapping of existing residential lands was
performed in such a manner that the area classified as residential should meet
either of these criteria. Small isolated clusters of residences or individual
residential properties thus are not shown on Map 2. Conversely, new
subdivisions that are not fully developed were mapped as residential land. At
the time of a proposed annexation, the resident population and subdivided
status will need to be checked for the 'specific territory being considered for
annexation.
The greatest concentration of residential land is located to the northeast of the
City, generally east of the St. Joseph River. This overall area should easily meet
the population density or 60°lo subdivided requirements, although there are
some large undeveloped parcels of land that, if included in an annexation, could
reduce the overall population density or subdivided requirements. The older
residential areas between the St. Joseph River and Juniper Road should easily
satisfy the population density criteria.
The two general areas that have the next highest concentrations of residential
land use are south of the City, between Locust Road and Miami Highway, and
west of the City, between U.S. 20 and Grant Road/Crumstown Highway. These
two areas, overall, will be very close to meeting either the density or the
subdivided criteria and will need to be reviewed with respect to the actual
boundary for any annexations proposed in the area.
19
The next areas of residential concentration are north of the City between Orange
Road and the St. Joseph River, the area southwest of the City extending west of
Locust Road generally between S.R. 23 and Kern Road, and the area extending
east along Ireland Road. The boundaries for a proposed annexation in this area
will need to be carefully drawn to satisfy the annexation criteria, if annexed
under Option 1.
Three generalized portions of the study area probably will not meet the
residential density requirements, although small sub -areas can be expected to
meet the annexation criteria. The first such area is in the northwest, bordered on
the south by U.S. 20 and on the east by U.S. 31. This area, however, is adjacent to
the City's major industrial park area -and should be considered for annexation
under the criteria that the area is needed for development in the reasonably
near future (Option 2). The second area is southwest between the Crumstown
Highway and S.R. 23. The third area is south/southeast generally east of Miami
Highway and south of Kern Road/U.S. 20 Bypass.
Commercial and industrial land uses are scattered throughout the study area
with the principal concentration along major transportation routes. Such
concentrations occur in the northern part of the County along U.S. 33, to the
west along S.R. 2, and to the south along U.S. 31. The undeveloped areas along
U.S. 20 Bypass south of the present corporate limits could be be prime targets for
future commercial and/or industrial development.
The largest area classified as institutional and recreational property consists of
the primary campus areas of the University of Notre Dame, St. Mary's College
and Holy Cross Junior College. Other areas mapped under this land use are St.
Patrick's Farm County Park, Clay Township Park, Clay High School, Clay Middle
School, Eggleston School, Darden School, Swanson School and three cemeteries.
Although not mapped, township fire stations, Healthwin Hospital and other
smaller institutional properties, such as churches, are located in the study area.
Agriculture and undeveloped property is the final land classification. The
higher concentrations of this land use, most of which is agriculture, are
generally located along the northwest, west and southeast perimeters of the
study area and a large area southwest of the corporate limits, generally between
Crumstown Highway and S.R. 23. Annexing this land will have to be performed
in a manner similar to that of recreational or institutional land, unless the
undeveloped land is zoned for commercial or industrial use or if it can be
justified for annexation under Option 2.
B. ZONING
Zoning in the study area includes six (6) different classifications. These are
Residential, Business, Commercial, Manufacturing, Office and Agricultural.
Zoning districts are shown on Map 3.
20
Residential zoned land occurs throughout the study area. This includes land in
existing development and undeveloped land. Annexation under Option 1 is the
recommended procedure if the density or subdivision requirements can be met
since a smaller contiguous boundary is required. Where the twenty-five percent
contiguous boundary requirement can be justified, annexation by Option 2 may
be used, particularly for acquiring land for future development.
Business, Commercial, Manufacturing and Office zonings are important since
these zoning classifications are another means of satisfying the remonstrance
criteria. These classifications generally coincide with their respective existing
land use. There are, however, several larger territories that are zoned for one of
these uses but are undeveloped. Determining service requirements will be the
primary concern for considering such undeveloped territories.
The final zoning classification is Agriculture. Agricultural zoning can involve
low lying areas of muck soils or other highly productive soils. Agriculturally
zoned land in the study area is located along the west edge of the study area
(Redwood and Pear Roads extended), southwest generally between Crumstown
Highway and S.R. 23, south along Roosevelt Road and the extreme southeast
corner of the study area. The campuses of the University of Notre Dame, St.
Mary's College and Holy Cross Junior College are also zoned Agricultural.
C. CITY AND COUNTY GROWTH TRENDS
The trend of growth through past annexations can provide an insight for future
growth of the City. Annexations that have occurred since 1970 are shown on
Map 4.
These annexations generally are represented by two types of land use. Both
residential and non-residential annexations have occurred at various locations
around the perimeter of the City. Major growth areas include the
predominantly residential annexations on the southeast side of the City and the
non-residential annexations on the northwest side of the City. Both of these
major annexations show that there is a demand for new development and that
such development desires City services. These annexations show that municipal
services can be used as a tool by the City to manage growth.
Recent growth in the County, or what would be the annexation study area, can
be seen by reviewing the residential subdivisions that have occurred since 1968,
as shown on Map 4. This includes major subdivisions, minor subdivisions (3
lots or less), and developments with multi -family units. These subdivisions
show that there is a demand for residential growth. Some of this development
may have occurred because of a desire for rural or suburban settings. On the
other hand, some of this development may have occurred due to the lack of
available land for development within the City.
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D. POTENTIAL DEVELOPMENT AREAS
Past growth trends, generally represented by City annexations and new County
subdivisions, can only continue if suitable undeveloped land is available. Map
5 provides insight into where growth may occur, first, by identifying where
undeveloped land remains in the study area and, second, by identifying the soil
capabilities to support the type, scale and intensity of developed land uses.
Three primary components of site development can be affected by a variety of
soil characteristics. These are building foundations and basements, septic tank
absorption fields and local roads and streets. Soil characteristics that can affect
these site development components include water table, slope, stability,
compressibility, flooding, permeability, shrink -swell potential and susceptibility
to frost heave. Each of these soil characteristics can have a wide range of
influence and severity and have different effects upon the three site
development components. Specific assessments for each proposed development
are required through the planning review press.
Three general soil capability groups are shown on Map 5. These soils groups for
undeveloped land are not presented for the purpose of indicating where
development needs or does not need city sanitary sewers, nor do they preclude
that there are areas that will not have any potential development problems.
The purpose of Map 5 is to show that potential growth areas are rapidly being
consumed and to provide the insight into where major new growth may occur
so that this analysis data can be used in developing the City's Annexation Policy
and Plan.
The most restrictive soils group generally has such severe soil characteristics,
especially high water tables and deep muck deposits, that these soils are
unsuitable for development. These soils are found primarily in the southeast
corner of the study area, extending southwest of the City between Crumstown
Highway and S.R. 23 and along the west perimeter of the study area generally
south of U.S. 20. Overall, these soils are considered to have major development
limitations.
The second soils group has moderate development limitations. Some of the
critical soil characteristics may be severe while others are minor, thus, having
varying effects upon the three primary site development components. Detailed
reviews through the site development planning process o,,ill be required to
determine appropriate uses of the land. In many locations, the high costs for
preparing the site may limit its potential for development. These soils are
generally located in the south and northeast portions of the study area.
The third soils group is generally capable of supporting development with
minimal additional site preparation costs. These soils, however, still need to be
reviewed within the site development planning process. These soils generally
have minor development limitations.
22
The combination of developed land and undeveloped land, with its varying
potential development limitations, shows that new growth trends may occur in
the future. Clay Township, a major past growth area, has very little remaining
undeveloped land with about one-half of this land having potential moderate
development limitations. Another past growth area in the south/southeast is
also becoming limited for future growth. On the other hand, the area north and
northwest of the City presents the possibility for substantial new development.
A final planning item shown on Map 5 is the boundary for the St. Joseph Valley
Sole Source Aquifer. This aquifer was designated by the US EPA and, at this
time, is only jurisdictionally applicable to federally funded actions. It does,
however, reinforce impending local concerns about the quality of groundwater
and the fragile relationship between a large number of residents in the study
area.
23
Neighborhood Code Enforcement inspects for unsafe, hazardous and
substandard housing, abandoned vehicles, noise violations, animal
complaints and a variety of other housing, environmental and nuisance
violations. Trash and debris violations are a year-round concern while high
weeds are a concern in the summer and snow removal is a concern in the
winter. Licensing and inspections for certain business uses, such as
second-hand stores, open-air stands and automotive service centers, are also
performed by this division, along with the review of zoning violations. The
Department of Code Enforcement is a very visible city service with its
inspectors having direct contact with residents and working closely with
neighborhood groups.
The Bureau of Weight and Measures is responsible for the inspection of all
devices used in commerce within the City. This includes the testing of
commercial measures, gasoline pumps, taxi meters and all grocery store
scales.
The Code Enforcement Clean-up Crew cleans properties of trash, weeds and
other environmental code violations when the cited violator does not
remove the violations from the property. This crew also maintains
City -owned property and provides for snow removal from downtown
crosswalks and sidewalks on bridges located in the City.
2. Annexation Responsibilities
Neighborhood Code Enforcement will be impacted when new territory is
added to the City through annexation. Presently, there are minimal surplus
service capabilities for the neighborhood code inspectors. When service
capabilities begin to diminish, housing code inspections and neighborhood
environmental concerns will be given precedence and other services
provided by these inspectors, such as abandoned vehicles, noise and dog
complaints will become second priority.
Recent annexations generally have few, if a any, immediate code violation
service demands. Thus, these annexations have had a minimal impact upon
the service capabilities. Implementation of an annexation program will,
however, create a demand for additional code enforcement services. Older,
established neighborhoods will probably be annexed and some
neighborhoods in the annexation study area may place a substantial service
demand for neighborhood inspections and other code violation complaints.
A plan for providing neighborhood code enforcement services for annexed
territory should be developed to keep up with City annexation efforts. This
plan must consider the area distribution or assignment of code inspectors
and criteria that would identify the need for additional code inspectors and
office support staff. In addition to salary costs, each new inspector will need a
vehicle.
26
Presently, each code inspector is assigned to a councilmanic district. This
method of assignment may be an efficient method of satisfactorily providing
the service and is an outstanding way to maintain public accountability for
elected officials. This method of assignment may need to be modified with
future City growth. The City's annexation program may focus on one or two
priority areas. When annexed, this territory will be added to a councilmanic
district. Thus, increased service demand for one or two code inspectors may
occur and, furthermore, a possible reduction in service which focuses only
upon the priority code violation may also be necessary. Should annexations
take place at various locations around the entire corporate limits, then all
inspectors could be faced with additional service demands and a possibility of
reduced service for second priority services.
Various distribution or assignment methods can be considered when
developing the plan for providing neighborhood code enforcement services
for future City growth through annexation. One method would be to
designate one or more as -needed code inspectors to respond to certain
councilmanic districts when increased demands occur. These as -needed
inspectors would allow the department to maintain the benefits of
representing each councilmanic district as afforded by the present service
method. Another method would be to establish new staff positions for
certain lower priority types of violations or complaints. These inspectors
could serve city-wide and thus allow the councilmanic district code
inspectors to focus upon the priority neighborhood services. Another
method would be to abandon the assignments by councilmanic district and
establish all new districts. This method would allow for periodic boundary
adjustments to satisfy new demands caused by annexation and, based upon
the plan's guideline criteria, would be able to identify when new districts are
needed along with additional staff. Any of these or other possible service
methods should review past violations and complaints in specific areas of
the City and consider land use, density and social/economic factors.
The Bureau of Weights and Measures should be impacted very little by
annexation. Additional staff may be needed in the long term and will need
to be identified when the need arises.
The Code Enforcement Clean-up Crew may also need to be expanded. This
service appears to be directly linked to the effort of the code inspectors and
can fluctuate, based upon the number of property owners that do not comply
with clean-up citations. Multi -departmental services such as with the Park
Department or Department of Public Works could be developed to offset the
need for partial staff expansion or service demand fluctuations.
27
C. DEPARTMENT OF ADMINISTRATION AND FINANCE
I. Services Provided
The Department of Administration and Finance presently operates under six
management divisions. These are Finance, Human Resources, Parking, Risk
Management, Purchasing and Human Rights, all of which are under the
direction of the City Controller.
2. Annexation Responsibilities
A primary component of an annexation by the City Council is the required
fiscal plan. The fiscal plan should not only be analyzed for its immediate
financial requirements of the annexation, but should also be evaluated for its
possible impact upon the City's funding mechanism as related to other City
needs and planned projects, including long-range budget impacts. A wide
range of questions involving this department are raised. Will the funds for
capital improvements needed to support the annexation deplete other funds
or funding sources to the point where other needed projects or programs can
no longer be funded? What are options for the purchase or lease of needed
equipment or vehicles? What effects will annexation have on the City tax
rate and levy? How will debt payments to townships be handled? How can
the use of tax impoundments, abatements, special assessments or other
incentives be used in developing an annexation fiscal plan? What effects will
there be upon medical insurance, vacation and sick pay, unemployment
compensation and other fringe benefits if annexations require additional
department staff?
These considerations indicate the need for a staff position in the Department
of Administration and Finance, should the City proceed with a major
annexation program. While this position does not presently exist, its
functions could also have a positive impact for regular City budget matters.
Whether or not this position is created, the fiscal plans for annexation as
developed for input from the various City departments should be reviewed
by the Controller's office for completeness and impact upon the total City
fiscal resources. The Finance Division should be expected to provide advice
and guidance to optimize the various funding sources available.
Barrett Law is a funding mechanism that could be used for constructing
certain infrastructure improvements for annexation. The Barrett Law clerk
could be expected to see increased work if this funding option is used for any
annexations. The City presently has one full-time and one part-time Barrett
Law clerks. Future use of Barrett Law funding for annexation could fully
utilize these staff positions.
28
D. DEPARTMENT OF ECONOMIC DEVELOPMENT
1. Services Provided
The Department of Economic Development represents five city commissions
and is organized into six basic divisions. These are Redevelopment,
Economic Development/Business Development, Financial and Program
Management, Bureau of Housing, Human Rights, and Planning and
Neighborhood Development. Services are quite varied including new
development or redevelopment for targeted areas, administering federal and
state grants, housing action plans and financing, hearing human rights cases
and neighborhood or social programs.
2. Annexation Responsibilities
This department has been actively involved in past annexation projects and
should anticipate a greater involvement in future annexations. Previous
City -initiated annexations for industrial development, such as the Airport
Industrial Park and the 2010 Project, have involved this department .through
its Economic Development/Business Development Division, both with
respect to the development planning as well as financing. The City's
opportunity to utilize Community Development Block Grants and Tax
Incremental Financing has brought about the essential involvement of this
department.
The Division of Planning and Neighborhood Development has been
assigned the responsibility to coordinate annexation planning. If a major
annexation program is initiated by the City, this division will become more
involved in the overall coordination and implementation of the City's
annexation policy and plan.
In addition to this department's role for coordinating the City's annexation
program and possible involvement in the planning for industrial
development annexations, there will be a need for the department to review
its other services that will be provided to the residents of newly annexed
territory. This most likely will not create a major demand upon the
department, however, a review mechanism for each individual annexation
being proposed should be developed. There is no reason not to anticipate
that there could be redevelopment, housing, financing or other needs that
may arise as the result of new territory and citizens being annexed to the City.
29
E. DEPARTMENT OF PUBLIC WORKS
The Department of Public Works is organized into five divisions. These are
Engineering, Environmental Services, Transportation, Water and Equipment
Services. Unlike other departments, however, the services provided by this
department are quite varied, with each division having several bureaus that can
have potential specific involvements for annexation. Because of these
considerations, each division is individually reviewed below.
1. Division of Engineering
a. Services Provided
The Bureau of Design and Administration is responsible for the
administration of the City Engineer's office, engineering recordkeeping,
including plans and specifications, plan review for new development,
in-house design, interfacing with the public on engineering matters,
and other similar tasks. This bureau is also responsible for developing
consultant contracts for engineering design and the administration of
those contracts through the bidding and award of a construction
contract. Permits for work in public street right-of-way are processed
through this bureau.
The Bureau of Public Construction is charged with the oversight of
construction activities within the public right-of-way and City -owned
buildings in South Bend. This work can include a new driveway being
constructed, a utility working in the street, a major street rehabilitation
project with extensive utility reconstruction or stormwater
management structures. Bureau personnel may also participate in
in-house design projects.
The Bureau of Traffic and Lighting is charged with the operation and
maintenance of traffic signals within the City of South Bend and, by
contract, for certain Indiana Department of Transportation (INDOT)
signals within the City and certain County signals outside the corporate
limits. This bureau is also responsible for traffic and street signs. Other
responsibilities include signal timing, intersection signal and sign
warrant analysis, traffic counting for both warrant analysis and design,
and providing support for engineering design and construction
inspection. Barricades and traffic control are provided for major events.
The Bureau of Communication is charged with the maintenance and
repair of the radio communication system owned and operated by the
City. Technical information is provided for the purchase of new
equipment.
30
b. Annexation Responsibilities
Annexation can pose a heavy workload for the Bureau of Design and
Administration. With sufficient advance planning and the timely
development of improvement master plans, the impact of the
annexation process should minimize the need for additional staffing. If
an aggressive annexation program is implemented, the need for
increased staffing will be greater. Contracting some of the services is an
alternative that can be used to satisfy the demand for several smaller
annexations or a single large annexation.
The Bureau of Design and Administration is funded through the
regular City budget. Increased funds from newly annexed areas should
provide proportionately larger funding for this bureau.
The staffing required for the Bureau of Public Construction can vary
depending upon the actual workload. While a major portion of the
workload is required for the oversight of City construction projects, a
minimum staff level must be maintained to oversee work of private
contract work and utility work. Funding for this bureau is generally
provided from the City's general fund. This fund, however, may be
reimbursed from different funds depending upon the project funding.
These reimbursements may come from:
• Federal aid funds for roads and street;
• community development funds; or,
• tax incremental finance funds.
It is not anticipated that the staff size for the Bureau of Public
Construction will be specifically affected by annexation. Present funding
sources are a limiting factor in the expansion of the workload for this
bureau. The preservation of a well -trained staff to handle average
workloads is paramount for this bureau. Short-term fluctuations in the
workload can best be handled by contracting with the private sector.
The Bureau of Traffic and Lighting can be expected to be impacted by
annexation, particularly any annexation that requires new or adds
existing signalized intersections to the City system. It should be
anticipated that annexation will require additions to this staff and
increase equipment requirements. This bureau is funded from the City's
general fund. For specific projects, expenses for this bureau can be
reimbursed from Federal Aid Funds for Highways, Community
Development Fund and Tax Incremental Finance Funds. Annexation
can be expected to result in a budget increase for this bureau.
31
The Bureau of Traffic and Lighting should be directed by a bureau head
who is an engineer with traffic engineering training and experience.
The field staff should be comprised of trained technicians. An analysis
of this bureau's activities should identify actual time required for signal
maintenance per signal location and for sign repair per intersection and
unit length of street. Average annual time for other comparatively
minor time -demanding tasks should be identified. This data can then be
used to evaluate the specific staff requirements for new annexation
areas. Every effort should be made to maximize budget reimbursement
from supplemental funding sources.
The Bureau of Communications operates with a staff of six people. It is
anticipated that there will be a minimum impact on this bureau by the
annexation of areas being considered herein. Funding for this bureau is
included in the City's regular budget and comes from the City's general
fund. Funds from special tax budgets are generally not applicable to this
bureau. Time -specific workloads that cannot be processed by the present
staff would be more cost-effectively handled by contract services than by
increasing staff size.
2. Division of Environmental Services
a. Services Provided
The Bureau of Wastewater is charged with the operation and
maintenance of the South Bend Wastewater Treatment Plant
(WWTP) and the liftstations in the wastewater collection system.
The Bureau of Sanitation is responsible for the maintenance of the
wastewater collection system. This responsibility includes sewer
cleaning and repair of breaks.
The Bureau of Solid Waste is responsible for the collection and
disposal of trash refuse and other solid waste from residences and
businesses throughout the City.
b. Annexation Responsibilities
The present WWTP facilities are considered adequate to handle the
expected increase in demand that will occur with annexation. No
increase in staff is anticipated for the Bureau of Wastewater. This
bureau is supported by user fees. Capital expenditures may be financed
by revenue bonds with bond payments being made from user fees.
Specific projects may be funded from special funds including grants
and low -interest loans.
32
Extensive development in the proposed annexation area could result
in the need for an additional cleaning crew and related equipment for
the Bureau of Sanitation. If sewers are properly designed and
constructed, the repair of breaks should not be a problem for well over
20 years. Normal operation of the Bureau of Sanitation is included in
the user fee -supported budget of the Bureau of Wastewater. As a
master plan for the sanitary collection system is developed, it should
be reviewed and evaluated for its impact upon the Bureau of
Sanitation. During interim stages of development, reliance may best
be placed upon private contractors for support. It should be recognized,
however, that extensive development of an expanded sanitary sewer
system within the proposed annexation area will require additional
staff and equipment within this bureau.
The effects of annexation upon the Bureau of Solid Waste will be
unique and, to a certain extent, cannot be fully identified at this time.
Unlike other municipal services, the Bureau of Solid Waste competes
with private business for this service. As the City begins to annex new
territory, the residences and businesses in this territory will already be
served by private haulers. The City will need to determine if it should
offer solid waste hauling services to the annexed areas or if this service
should remain with private haulers. If this service is not offered by
the City, it could pose problems to some of the annexed individuals
who will not be given the equal opportunity to use this City service as
offered to other City residents and business. On the other hand, if this
service is offered to annexed territory, it could pose operational
problems because of few customers dispersed over a larger service
area. These and other related issues will need to be resolved.
Compounding the situation regarding the extension of the Bureau of
Solid Waste services to annexed territory are the numerous and
potentially complicated issues that need to be resolved concerning
implementation of the county -wide solid waste management plan.
These issues not only will effect annexed territory, but may also have
significant effects upon this bureau for its present city-wide service.
Sanitary sewer system expansion is the responsibility of the City
Engineer' office. It is included here because of the relationship to the
Bureau of Wastewater and the Bureau of Sanitation. Past annexation
policy for involuntary annexations provided for the extension of
sewers on a mile square grid. Costs were assessed on a unit area basis
and collected as the area developed and sewer connections made. The
up front funding had to be provided by the City.
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South Bend has used a modified Barrett Law procedure to make
sanitary sewer extensions more attractive to developing areas. This
program has provided a revolving fund to cover one-half of new
sewer construction costs. This program was effective in extending such
service into unsewered areas of the incorporated City. The remaining
costs were assessed against the property served on the basis of the
Barrett Law formula. This process has been used for comparatively
small projects and requires supplemental funding of the City's share
for larger projects. Under a Barrett Law funding procedure, the
Contractor is paid in Barrett Bonds which are redeemed by the City
from area -based assessments. Traditionally, the Contractor will sell the
bonds, for example, to a financial institution. This bond sale provides
the project financing plus the Contractor's overhead and profit.
Because of the large discount on the face value of the bonds, this
procedure has not been extensively used in recent years. The modified
program used by the City has provided the initial construction costs
with one-half of the cost recovered in a five-year period from
area -based assessments.
A sanitary sewer master plan for the extension of sewers into the
annexation area should be developed. Sewer service should be
developed on the basis of a network on a mile -square grid. Liftstation
locations should be established. Costs should be assigned to the service
area on the basis of the Barrett Law formula or a similar formula. A
decision should be made regarding the application of incentive
funding. Incentive funding may be considered for either the total
service area or for existing development with new development
funding total costs. This latter aspect should receive a careful review
by the City's legal department. Development within the mile -square
grid should be the responsibility of the developers. A policy regarding
incentive financing for these sub -areas needs to be developed and in
place at the time of annexation.
For the purpose of identifying the future limits of urban growth and
any priority annexation areas to be identified through this study, four
sanitary sewer assessment categories were developed based upon the
availability of any existing sewers located within, or which could be
extended into, the annexation study area. The location of these four
assessment categories are shown on Map 6.
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The first and most favorable assessment category are those areas
presently being served by sanitary sewer service. There are seven
general areas presently being served. The largest area is northeast of
the City and is commonly referred to as the Clay Utilities. It includes a
section along U.S. 33 extending north from Cleveland Road to Darden
Road and then east along Darden Road to Juniper Road. At this point,
the sanitary sewer then extends east and northeast towards Hickory
Road where parts of the Georgetown, Carriage Hills and Farmington
Square subdivisions are sewered. Other smaller areas that are sewered
are University of Notre Dame/St. Mary's College/Holy Cross Junior
College, River Commons subdivision and Healthwin Hospital along
the east side of the St. Joseph River south of Auten Road; north side of
the Toll Road at Olive Road; south side of the U.S. 20/31 Bypass along
U.S. 31; Douglas Road east of Ironwood Road; north side of S.R. 23 at
Ironwood Road; and an area off of Mayflower Road just south of
Western Avenue.
The second assessment category has trunk sewers nearby and would
only require the extension of lateral sewers. There are few areas that
meet this criteria. The two largest areas are University of Notre
Dame/St. Mary's College/Holy Cross Junior College and an area south
of Brick Road between the U.S. 31 Bypass and St. Joseph River. Other
smaller areas are located in the vicinity of the Ireland Road/Ironwood
Road, Mayflower Road/Sample Street and S.R. 23/Douglas Road
intersections.
It should be pointed out that some unidentified, yet probably minor,
extension to the Clay Utilities sanitary sewer could be performed. A
detailed system analysis would be required to identify potential
expansion or extension of this portion of the study area. Most of
unsewered Clay Township will fall under assessment categories 3 or 4,
as described below.
The third assessment category has trunk sanitary sewers but is in need
of sub -trunks and laterals. There are two large areas that meet this
criteria. The first extends west from the corporate limits to the western
study area boundary generally located between Filmore Road/Early
Road and Darden Road. This area has access to the I/N Tek and I/N
Kote trunk sewers. The second major area is located south and
southeast of the City, extending from just west of U.S. 31, eastward past
Ironwood Road, and then north to Inwood Road. This area has access
to the Gilmer Extension of the Bowman Trunk and the Ironwood
South Trunk. A final small area that meets this criteria is located
along S.R. 23 on the north side of the U.S. 20/31 Bypass.
35
The final assessment category has no trunk sanitary sewers that can be
easily accessed and thus will require major improvements for
providing sanitary sewer service.
The City should review how sanitary sewers have been extended to
unsewered areas in the past, particularly with respect to who initiated
the extension and how the extension was funded. These past sewer
extensions should be used to establish the City's policy for providing
sanitary sewers to annexed territory.
3. Division of Transportation
a. Services Provided
The Bureau of Service and Building Maintenance is responsible for the
maintenance of the two municipal service facility buildings.
The Bureau of Streets is responsible for the maintenance of the City's
street and alley system which consists of approximately 449.miles of
streets and 170 miles of alleys. This responsibility includes grading of
unpaved alleys, patching, resurfacing, sweeping and snowplowing of
paved streets and the maintenance of storm drainage inlets.
Snowplowing of alleys may occur as priorities permit. Leaf collection is a
large but time -limited activity.
b. Annexation Responsibilities
The staff for the Bureau of Services and Building Maintenance is small
and is sized to perform the routine maintenance of these buildings.
Funding for this bureau is included in the general budget of the City.
Annexation could require additional storage space for this bureau.
Snowplowing requirements are a determining factor in establishing the
basic staffing requirements for the Bureau of Streets. Any seasonal
increase in staff required during the summer months can be resolved
with the addition of temporary employees. The addition of significant
street mileage can be expected to impact the Bureau of Streets' basic staff
size and equipment needs, including trucks. Contractual services with
the private sector can alleviate short-term workload peaks, however, this
procedure is best adapted to routine maintenance items such as
resurfacing rather than snow removal.
36
The Bureau of Streets derives its primary funding from user fees collected
by the State and then distributed to the various local public agencies, in
accordance with a published formula. This distribution is called the
Motor Vehicle Highway (MVH) fund. MVH funds are used for funding of
the local street department operations. Some Bureau of Streets funding
may be included in the general budget of the City, however, this inclusion
is usually specific funding for materials and not salaries. General
obligation bonds can be used for funding, although this is not considered
a normal funding source for Bureau of Streets operations.
Annexation can be expected to have a definite impact upon the Bureau of
Streets. Most activities of this bureau can be reduced to an
incidence -per -lane mile. Any annexation should be analyzed to
determine the number of lane miles of streets that are included, as well as
the condition of those streets. This information can be related to the lane
mile vs. performance of the existing staff to develop the impact upon the
basic staff size. Because of the formula method of distributing the MVH
fund, income should increase in proportion to the length of streets added
to the City street system. Use of private contractors as a supplement to
City personnel may be desirable during interim periods. It should be
recognized that the requirements for time -related work elements such as
snowplowing, street sweeping and patching will result in increased
equipment requirements. A pavement management program should be
developed to provide a planning base, budgeting information and
operational control.
4. Division of Water
a. Services Provided
The Bureau of Water (Water Department) is responsible for the planning
and construction of the City's water collection and distribution system.
This includes the development, operation and maintenance of well fields
and pumping stations, water reservoirs, water treatment facilities and the
installation of waster mains and fire hydrants.
The Bureau of Services is responsible for the maintenance of the
connections from the City water main to, but not in, the house or
building. The Bureau is also responsible for installation and maintenance
of meters.
The Customer Service Bureau deals with the customers from meter
reading through billings, collections and complaint response.
37
b. Annexation Responsibilities
The Water Department (Distribution Bureau) has a master plan that
covers the present incorporated City and certain adjacent areas. This
master plan identifies a need for additional well capacity and identifies
the network of the larger distribution mains. While the expansion of the
distribution system is, to a large extent, based upon a mile -square grid
pattern, this pattern may vary due to topographic and demand
constraints. At the present time, the Water Department is in the process
of adding ten wells to the system on a phased development plan.
Depending upon the rate of increase in demand, the proposed annexation
areas to the southeast and northeast could be the first areas to require
increased supply capacity. Expansion to the west appears to pose a definite
requirement for new wells.
The existing Bureau of Water master plan for the distribution system
should be expanded to include the entire annexation area. Locations of
needed well sites should be identified and the land purchased and
necessary measures instituted to ensure wellhead protection. It may be
desirable to add elevated storage to the system, particularly in the
northeast portion of the study area. A decision should be made regarding
this improvement and any needed site secured to guarantee availability.
An in-depth analysis of capital improvement financing should be
conducted to ensure that the distribution system is in place prior to
development. A formula for connection fees should be established for
each expansion project to ensure recovery of expenditures.
The Water Department does construct new mains. Depending upon the
rate of development, this practice can continue. A time -limited increase
in the main expansion program could be supported by contracting with
the private sector. The addition of wells to the west of the present City
limits will, at full development, result in the need for an additional
maintenance person and related transportation and equipment. At some
point, the expansion will result in the need for an additional two -person
main -flushing crew with related transportation and equipment.
All Bureau of Water activities are user fee -funded. This bureau will
continue to be supported in this manner. Because there is no requirement
that potential users connect to the system, extensive capital
improvements may pose funding problems. Experience indicates that
new construction will probably utilize an existing water supply, while
existing development with wells in place are not inclined to do so.
Tax -incremental financing can be used where appropriate, however, it
may be necessary to utilize General Obligation Bonds for much of this
financing.
c:
Capital improvements in the water distribution system can result in large
expenditures for any large annexation area. Funding constraints may
prevent the use of incentives in the form of reduced costs to the new
users. For this reason, it is important that planning be completed at the
earliest possible date so that actual funding options can be explored in a
timely manner. For small projects, the City has constructed the main
extension and established connection fees which were assessed against
new users at the time connections were actually made. These projects
occurred when an owner wanted water service but the line had to pass
other property whose owner did not need or desire service at that time.
Municipal water service, including hydrants for fire protection, will be
required within three years after territory is annexed. The costs for
providing the capital improvements will be a major consideration for
annexation. Construction costs for an average -sized water main is around
$150,000 to $250,000 per mile, while laterals can range between $150,000 to
$200,000 per mile.
Four assessment categories were established for water distribution service
in the annexation study area. These were established to assist in
identifying the possible limits of annexation and any priority areas. These
are shown on Map 7.
The first assessment category is those areas having existing water service.
The most extensive area having water service is northeast of the City,
including the land adjacent to Darden Road extending east from the St.
Joseph River to Juniper Road, along U.S. 33 south of Darden Road, parts
of the Georgetown, Carriage Hills and Farmington Square subdivisions
between Juniper Road and Hickory Road, and the River Commons
subdivision along the east side of the St. Joseph River south of Auten
Road. As previously noted, this area is commonly referred to as the Clay
Utilities_ Another area having existing water service is `on the south side
of the City bordered by U.S. 31, Jackson Road, Miami Highway and
Johnson Road. An area along the north side of S.R. 23 at Ironwood Road
also has water service. The majority of the University of Notre Dame/St.
Mary's College/Holy Cross Junior College area has existing water service
or can obtain service consistent with the following assessment category.
The second assessment category is those areas having access to mains and
sub -mains, but will require the extension of laterals. Three areas on the
north side of the city meet this criteria. The first is north of Cleveland
Road and west of Lilac Road. Another is north of Darden Road along the
east side of the St. Joseph River. The third area extends north of the
corporate limits to the Toll Road between Ironwood Road and Hickory
Road.
993
The third assessment category is those areas that have access to water
mains but would require sub -mains and laterals in order to obtain water
service. There are several areas that meet these criteria. The majority, and
the largest areas, are on the south and southeast side of the City. These
include an area generally bordered by Locust Road, U.S. 20/31 Bypass,
Miami Highway and Kern Road; an area around the Ironwood
Road/Kern Road intersection; and an area extending east of Ironwood
Road bordered by Inwood Road and Jackson Road. Another large area in
this assessment category is generally located between Cleveland Road and
Brick Road to the west of Portage Avenue.
The final assessment category-,vould require water mains, sub -mains and
laterals. This category consumes the balance of the annexation study area.
For a period of years, annexation should have little impact on the staff of
the Bureau of Services. New service connections should not pose
maintenance problems. New meter installations can be accomplished by
the present staff. Maintenance of service connections is funded by an
insurance program that is a part of the monthly water charge. This
program should provide adequate funding for any annexation program.
The installation and repair of meters is funded through normal user
charges.
Any expansion of the customer base will impact the Customer Services
Bureau staff required to read meters. While intermediate phases will
undoubtedly be absorbed by the present staff, large increases will require
additional personnel. The present staff responsible for billings and
collections can be expected to absorb a limited expansion of the present
customer base. Large-scale development in the annexation area could
require additional staff. This bureau is funded through user fees. No
change in this funding mechanism appears necessary or desirable.
5. Division of Equipment Services
a. Services Provided
The Division of Equipment Services is responsible for the maintenance of
the City -owned vehicles fleet, with the exception of the vehicles of the
Division of Environmental Services.
b. Annexation Responsibilities
The staff size in the Division of Equipment Services is matched to the
present workload. Records enable management to project staff
requirements based upon the age and condition of the existing fleet with
proper allowance for replacement. Funding for this division is a part of
the regular City budget. Support for this budget can come from special
40
funding sources for the various divisions and bureaus based upon the
chargeable hours actually spent working on specific portions of the
vehicle fleet. Specific examples of possible fund transfers are the MVH
fund of the Bureau of Streets and user fees for the Bureau of Water.
Specially funded programs for the City should also be analyzed for their
impact upon the City vehicle fleet, and proper consideration given to
some portion of the funding being designated as reimbursement for this
impact upon the vehicle fleet.
At such time as the annexation program results in an increase in the
vehicle fleet for the Bureaus of Streets, Sanitation, Wastewater and the
Fire and Police Departments, the Division of Equipment Services will be
required to expand its staff. Based upon existing records, it will be possible
to establish and control staff size, dependent upon the expansion of the
vehicle fleet for the various bureaus. Various funding sources available
to support this division should be investigated and the data made
available for consideration in any annexation fiscal plan. Use of these
funds for this purpose must, however, be compatible with the overall
City budget priorities.
6. Stormwater Management
Stormwater management is becoming an increasingly greater area of
responsibility for the Department of Public Works. The needs for a
centralized organizational structure; planning, construction and
maintenance activities; and, funding are some of the primary issues
facing the City regarding stormwater management. Annexations will
further compound these needs.
Presently, the various functions for stormwater management are being
performed by different divisions and bureaus of the Department of Public
Works. Planning and engineering designs are being performed in the
Bureau of Design and Administration in the Division of Engineering.
Maintenance of inlets and catch basins are performed by the Bureau of
Streets in the Division of Transportation while the Bureau of Sanitation
in the Division of Environmental Services cleans storm sewers. Because
of pending US EPA requirements, the Bureau of Wastewater in the
Division of Environmental Services may also become involved in
stormwater management.
In the past, stormwater was routinely discharged into a combined
storm/sanitary sewer system. Over the past 20 years, major efforts have
been performed by the City to separate these two systems enabling the City
to reduce combined sewer overflows at the Wastewater Treatment Plant
41
F. POLICE DEPARTMENT
1. Services Provided
The national motto of the law enforcement profession, "To Serve and
Protect" states the essential purpose of the South Bend Police Department.
Functional objectives of the Department are the prevention of crime,
deterrence of crime, apprehension of offenders, recovery and return of
property, movement of traffic and public service. These objectives are
provided through three divisions.
The Uniform Division consists of the patrol section and traffic section. The
patrol section is divided into three (3) details constructed of geographic areas
as well as call -demand proportion beats. Presently, the City has 15 beats with
each beat further divided by reporting districts. The patrol details are the
most visible division of the Police Department having primary
responsibilities for preventing crime and maintaining order within the City.
The patrol details are supported by the City's K-9 units. The NEST
(Neighborhood Enforcement Strike Team) unit provides timely and visible
response to complaints in neighborhoods throughout the City. The recent
restructuring of the department has added many of the former traffic
functions and responsibilities to the patrol section including the
enforcement of laws related to the movement of vehicles and pedestrians,
parking laws and accident investigations. The traffic section focuses upon
services associated with the youth of the community and special patrol
districts. Safetyville, SUDS (Stop Underage Drinking and Sales) and DARE
(Drug Abuse Resistance Education) provide for youth education. Special bike
and foot patrols for the downtown area, East Race and West Washington
Street area are provided through the traffic section along with other services
including hit-and-run investigations, liaison with Civil Defense, Haz/Mat
liaison with the Fire Department, coordinating the crossing guard services,
arson investigations and assisting at special events.
The Investigation Division consists of the Investigative. Section, Juvenile
Aid Bureau (JAB) and Special Operations Section (SOS). The primary
function of the Investigative Section is to coordinate the previous
investigations of the Uniform Division in order to further determine the
illegality of acts and to determine the identification of alleged suspects. JAB
monitors, investigates and coordinates crimes involving juveniles. Each
high school district is assigned a JAB officer. SOS is comprised of a drug unit
and intelligence unit. This section has recently been expanded to a Metro
SOS incorporating officers from the St. Joseph County and Mishawaka Police
departments.
43
The Services Division provides a wide range of administrative and support
services directly for both the Uniform Division and Investigation Division,
and for the Police Department's overall public service. These services
include records data, photo lab, fingerprint classification and processing,
burglar alarm coordination, communications center, public relations,
crimestoppers, public information, training, computer services and motor
pool.
2e Annexation Responsibilities
The basic unit of the Uniform Division is the patrol beat. Presently, the
patrol beat requires 4.5 uniform officers. The creation of a beat considers a
variety of factors including overall geographic size, type of land use, street
layouts and traffic, population and social/economic factors. The beat itself
can be comprised of several reporting districts, which are the basic evaluation
units that cumulatively build to create a beat.
The department has used a systematic evaluation methodology for
determining the personnel needs for previous annexations. Using the
criteria noted above, the department can estimate proportional time
commitments for patrol and other incidents involving the beat officer and
the service needs of the Investigative Division and support services. From
these estimates, a cost to provide police services for an annexation can be
determined. This methodology should be continued for future annexations
and, because of the possibility for larger -scale annexations, should be
expanded to cover all of the services provided by the department.
The methodology used by the Police Department also considers long-range
service needs created by annexation. The ebb and flow between deficit and
surplus service capabilities can be managed and the deviation from the
standard level of service can be minimized by periodic adjustments of the
beat boundaries, adding supplemental beat patrols, and the creation of new
beats when necessary. In 1992, the Police Department will add beat 16 in the
southeast part of the City and Beat 20 in the northwest part of the City. These
areas, presently being patrolled by Beat 15 and Beat 22, respectively, are
presently causing some deficit service capabilities upon their present beats,
Though the department has been able to minimize these deficits by adding
supplemental patrols, the new beats will reduce the deficit service demand
being placed upon the present beat and allow that beat to return to its
standard level of service. The new beats, on the other hand, will have some
surplus capabilities which can assist adjacent beats and which will permit
future annexations to take place without having a negative impact upon the
Police Department. This long-range planning, of course, will need to be
continued and must be based upon an established service methodology.
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G. FIRE DEPARTMENT
1. Services Provided
The South Bend Fire Department has 212 full-time firefighters for fire
protection services. The department has three divisions. Fire suppression
and emergency response services are provided from 11 fire stations located
throughout the City, as shown on Map 8. Station No. 1 also serves as the
administrative center for the fire prevention, services and emergency
medical services divisions.
The department has 29 active anti reserve fire suppression and emergency
response vehicles. These consist of 8 pumpers, 4 mini pumpers, 4 quint
aerials, 1 rescue, 4 medic units, 1 neonatal unit, 2 boats and trailers, 3
battalion chief cars and 1 light -duty truck. The department also has 14 cars,
trucks and vans used by the chief, assistant chiefs, inspectors, investigators
and maintenance personnel.
The Operations Division provides 24-hour services from the 11 fire stations
for all structural and trash fire suppressions, fuel and flammable liquid
washdowns, emergency medical services and emergency rescues including
water rescue. The Division also includes the Haz/Mat Response Team and
maintains in-house training.
The Fire Prevention Division includes the Arson Investigation Squad that
investigates all fires of a suspicious nature and all major disasters. Inspectors
of the Fire Prevention Bureau enforce all City and State fire codes. This
division also provides public education services for fire and safety issues.
The Services Division is responsible for the maintenance and emergency
repairs of all department vehicles. The Emergency Medical Services (EMS)
Division coordinates training of all firefighters in EMS matters and is the
liaison with local hospitals.
2. Annexation Responsibilities
Township fire departments presently provide fire protection services for the
annexation study area. The fire station locations for Centre, Clay (2 stations),
German (2 stations), Portage and Warren Townships are shown on Map 8.
The Greene and Penn Township fire stations are located outside of the study
area, as is Warren Township Station No. 2.
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The South Bend Fire Department will be required to provide fire protection
services to annexed territory. These services will need to be provided in a
comparable manner as presently provided throughout the City. Fire
suppression services undoubtedly will be the primary fire protection concern
for property owners and residents in the annexed territory. It should not be
overlooked, however, that other fire protection and safety services, including
arson investigations, code inspections and public education, will need to be
extended to the annexed territory and that these services are important for
the overall welfare and benefit of the citizenry.
What constitutes comparable fire suppression services? It is obvious that
new, fully equipped and staffed fire stations will probably be needed to
provide fire suppression services if a major expansion of the corporate limits
does occur through annexation. Where such fire stations should be located is
linked directly to the specific annexation area and, thus, cannot be identified
at this time. The criteria for locating and equipping these future stations,
however, can be established by determining what constitutes comparable fire
suppression service.
The best available tool for determining comparable fire suppression service
is the Public Protection Classification that is established by Insurance Services
Office (ISO) and used as an element to develop fire insurance rates for
individual properties. To be eligible for the ISO rating, a fire department
must meet certain basic requirements for organization, firefighters, training,
alarm notification and apparatus housing. Eligible fire departments are rated
on a relative classification scale from 1 to 10, with 10 being the lowest Public
Protection Classification. A fire department that does not have at least one
piece of apparatus with a pump capacity of 50 gpm at 150 psi, and at least a
300-gallon water reservoir, is automatically rated Class 10.
If a fire department satisfies the above minimum pump capacity and water
reservoir criteria, additional evaluation is performed for three elements.
These three elements and their respective evaluation factors are 1) how fire
alarms are received and handled, including telephone service, operators and
dispatch circuit factors; 2) fire departments, including engine company,
reserve pumper, pump capacity, ladder service, reserve ladder and service
truck, distribution, company personnel and company training factors; and, 3)
water supply, including supply system, hydrants and inspection and
condition of hydrant factors. A wide range of additional criteria ranging
from immediate playback devices for emergency calls to the quantity, type
and size of ladders for evaluating the rating factors are also used.
A fire department that satisfied the minimum pump capacity and water
reservoir criteria, but does not meet other basic criteria involving records
and equipment, is automatically rated Class 9. Generally, this rating is due to
the absence of fire hydrants within 1,000 feet of built-up area.
46
the areas to the southeast and northwest which extend up to three miles
from the nearest fire station, and a small area in the northeast, as shown on
Map 8. Also shown on this map is the territory within the annexation study
area that is 1-1/2 miles or less from the nearest fire station. It should be noted
that this territory located within a response district is shown by direct
distance and that actual evaluation by the fire suppression rating schedule
would be done by travel routes. Thus, barriers such as railroads, the St.
Joseph River and the U.S. 20/31 Bypass can alter the actual limits of the 1-1/2
mile response district.
The construction of a new fire station and equipping this station will be a
major capital expenditure. The location of new fire stations will have to be
closely coordinated with the overall plan for annexation. New stations must
not only fulfill the service requirements for a standard response district, but
also must be built at optimum locations so that the stations are not
underutilized. A present example of an underutilized station is Station No.
10. This station was built under the assumption that considerable new
development would occur on the south/southwest side of the City. This has
not happened and thus this station is underutilized to a certain extent.
When new fire stations are to be built, they must be located at sites that will
also serve other future priority annexation areas.
Another major capital expenditure will be water supply. If water supply is
not provided by water mains and hydrants for annexed territory, this could
have a significant effect upon the Public Protection Classification for the
overall City.
When annexation occurs, fire protection services will need to be provided
within one (1) year of passage of the annexation ordinance. Map 8 shows that
there are very few areas within the annexation study area that have water
mains and hydrants, including territory within 1-1/2 miles of a fire station. A
one (1)-year period may not be long enough to plan, design and construct the
needed water supply system for annexed territory. If this should occur, the
City should review alternate service means, such as the purchase of a tanker
truck for water supply or contracting the services to the township fire
department for all or part of the initial three years of annexation.
The fire protection benefits for property owners in annexed territory will
include the arson investigation, code inspection and public education
services along with fire suppression and emergency services that will be
provided by the South Bend Fire Department. A direct benefit may occur in
the form of lower property insurance.
48
The Public Protection Classifications are but only one of several elements
used for determining fire insurance rates for individual properties. Others
include construction, occupancy, processing hazards, exposure and private
fire protection systems. In addition to these fire -related factors, other factors
are also used to determine the overall property insurance rate.
Insurance companies in the South Bend area generally consider fire
suppression classifications 1 thru 8 as being of comparable service when
determining the insurance factor for residential property insurance.
Residential properties located in Clay Township and those parts of Centre
and German Townships that are within the Class 6 rating will see little or no
reductions in property insurance premiums when annexed and placed under
the service of the South Bend Fire Department. Residential properties in
Greene, Portage and Warren townships, and those parts of Centre and
German townships that are rated Class 9, will receive a more substantial
insurance premium benefit if annexed.
The overall property insurance benefits for industrial and commercial
businesses will be slightly greater, yet comparable to the residential
properties. Again, areas presently served by Class 9 or 10 fire departments
will see a more substantial benefit.
H. DEPARTMENT OF PARKS AND RECREATION
1. Services Provided
This department, to a certain extent, operates as two separate departments
which provide different services and represent differing taxing entities, yet
are related to each other through their use of shared facilities. The Board of
Park Commissioners and its administrative staff headed by the Park
Superintendent, is responsible for the operation, maintenance, capital
improvements and park development within the City. The Public
Recreation Commission and its administrative staff headed by the
Recreation Director, is responsible for establishing and operating year-round
recreational programs for children, youth and adults within the limits of the
South Bend School Corporation, both within and outside the City.
The Park Department manages 71 public parks, playgrounds and other park
properties totaling over 1,300 acres. This includes two city cemeteries and
properties leased from the School Corporation, St. Joseph County, University
of Notre Dame and Izaak Walton League. Additionally, the department
maintains 40 traffic islands consisting of cul-de-sac islands, intersection
islands and street centers.
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3. Policy - It shall be the policy of the City of South Bend to periodically
review its Annexation Plan and the procedures for its implementation.
Goal - There should be a periodic review of the land contiguous to the
City to determine its appropriateness for annexation.
Objective - The City should annex land that through time becomes
contiguous to the City and that meets the annexation policies of the city.
The City should also continually review its procedures for the
annexation of territory to accommodate changes in state or local
annexation law.
D. GUIDELINES FOR IMPLEMENTATION OF THE ANNEXATION POLICY
1. The following priority guidelines are to be used in the implementation
of the City's Annexation Policy on those areas most appropriate for
annexation by the City and that meet the following conditions:
• Contiguous territory zoned for residential, commercial, business or
industrial uses;
• contiguous territory which is 60% subdivided;
• contiguous territory in which the population density is at least three
(3) persons per acre;
• contiguous territory that is needed and can be used by the City for its
development in the reasonably near future;
• contiguous territory of which the owners of the territory seek
voluntary annexation, if such contiguous territory advances the
Annexation Plan and policies of the City;
• non-contiguous territory which advances the policies of the
Annexation Plan and the City, as provided by State law.
2. The following general guidelines are to be used in the implementation
of the City's Annexation Policy on those areas most appropriate for
annexation by the City and that meet the following conditions:
• Annexations should be within the Study Area, as periodically
reviewed and amended to further the policies of the City;
• all annexations shall be evaluated to ensure consistency with the
general policies of the City and the specific policies of this Plan;
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• all annexations are to be of sufficient size for adequate planning and
extension of City services and utilities;
• contiguous territory in which the public health or environmental
quality are threatened should be considered for annexation;
• annexation should promote the development of regularly shaped
corporate limits;
• no annexation should result in unincorporated islands;
• extension of City services and utilities beyond the City limits should
not occur unless it furthers the annexation policies of the City and
the appropriate waivers of remonstrance are obtained from all
recipients of the service or utility;
• extension of City services and utilities should be coordinated and
used by the City to further the City's annexation goals;
• all annexations must be in compliance with the criteria of the State
annexation law.
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VI. ANNEXATION PLAN
A. PLANNING ANALYSIS
As previously mentioned in this study, annexation is a planning process
involving a variety of traditional planning elements such as being
comprehensive in nature and systematic in application. It is designed to
implement certain policies and a physical plan. The annexation policies, goals
and objectives were presented in the previous section of this study. This section
presents the physical plan for the City's growth through annexation.
In order to identify territory for future growth of the City by annexation, the
major planning criteria previously developed in the study was consolidated for
a final planning analysis. Two planning perspectives were formulated. The
first is a development or physical planning perspective generally involving
opportunistic conditions related to existing land use and major municipal
services. The second is a strategic planning perspective incorporating certain
guidelines of the annexation policy. Both of these planning analyses focus upon
the need for initiating annexation and thus, attempt to establish positions where
positive benefit/cost situations can occur and where the City can advance
toward certain locations in order to establish and maintain management control
over existing and new development areas.
1. Development Planning
All City departments will require fiscal expenditures for providing their
services to newly annexed territory. The major City expenditures will be
the capital costs for sanitary sewers, water mains and fire protection.
Some locations within the study area are either (1) presently being
served by sewer and water, (2) can easily be served by sewer and water
with minor low-cost extension projects, or (3) are within the minimum
1-1/2 mile service area of a City fire station. Taking advantage of these
beneficial service situations should be a priority consideration for
annexation.
Because annexation has a cost, it therefore is desirable to identify where
possible benefits in the form of income -generating revenues can occur.
All annexed territories will provide benefits in the long term, however,
short-term benefits will enable the City to recapture initial annexation
costs at a faster return and, thus, provide the impetus to continue the
advancement of an annexation program. Existing industrial and
commercial businesses will provide this cost return. Areas containing
major concentrations or individual large scale industrial or commercial
businesses should be a priority consideration for annexation.
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Map 10 presents development planning analysis with regard to the three
capital -intensive City services and areas with existing industrial and
commercial businesses. Any area satisfying the criteria for at least two of
the three City services is shown on the map, such as having sanitary
sewers and being within a fire protection area. Few locations outside the
City have all three services available. Areas with only one City service
were not mapped.
The mapping of these City services and industrial/commercial land uses
begins to identify key areas to be considered for annexation. Four
clusters of these key areas begin to take shape on the north edge of the
City beginning at the Cleveland Road/Brick Road area and extending
clockwise thru German and Clay Townships to the S.R. 23/Maple Lane
area. A fifth area is located south of the City in the vicinity of U.S. 31 just
south of the U.S. 20 Bypass.
2. Strategic Planning
Map 11 identifies some strategic planning elements. These include
interchanges along the U.S. 20/31 Bypass; major and minor arterials at
the City's perimeter; and major traffic -generating areas such as the
Airport Industrial Park/2010 Development Area, Scottsdale Mall
commercial area and Grape Road commercial/business corridor. Past
major growth areas are noted, along with a potential new development
area north and northwest of the City. Finally, territory that is presently
or becoming isolated by City growth is identified in order to have a better
definition of the corporate limits.
B. THE ANNEXATION STUDY
The annexation plan is a melding of the annexation policies and implementing
guidelines with the development planning and strategic planning analysis
elements to create a graphic representation of the City's proposed physical
growth through annexation. The annexation policy provides goals and
objectives regarding how the City should grow. The annexation plan, on the
other hand, suggests where such growth should be considered.
The City's annexation policy will be the lead element for annexation. The
annexation plan will essentially function as a support element for the
annexation policy. In order to enhance this importance of the annexation
policy, the annexation plan has been developed with the following key factors:
• The annexation plan is not intended to have definitive or ultimate
limits for the growth of the City except where coinciding with
certain jurisdictional and planning boundaries.
55
• The annexation plan is a long-range plan, however, no specific time
frame or calendar based reference is proposed, thus allowing for
periodic future updates .of the plan to meet changing conditions and
needs.
• The annexation plan, in general, does not designate particular
annexation target areas and does not establish a sequencing or a
planned pattern for implementing annexations.
1. Description of Annexation Area
The annexation plan is attached as Map 12. Annexation is proposed in
all geographic areas to the north, west and south of the City. A general
summary of the basic geographic areas proposed for annexation along
with their assets to the City in terms of development and strategic
planning analysis factors are briefly described.
Except for certain jurisdictional boundaries, such as the Michigan State
Line and local corporate boundaries, the boundaries or ultimate growth
limits for the annexation areas described below and as shown on Map 12
are to be considered non -definitive or approximate. Minor variations
from these boundaries may be considered within the annexation policy
and implementing guidelines.
a. Northeast
This area represents the balance of unincorporated Clay Township
located within the annexation study area. This area has major
residential, commercial and institutional developments. It includes
three identified development planning areas that are either being
served by certain municipal services and/or have commercial land
uses (see map 10). Annexation of this area will enable the City to
manage development along four primary arterials important to the
overall urban area--U,S. 33, S.R. 23, Cleveland Road and Ironwood
Road. This area has been a major growth area in the past and has the
potential to provide for future infill development and additional
growth of the urban area. Portions of this area may also require
redevelopment activities in the future. Overall, the northeast area is
very homogeneous with the urban character of the City.
b. North
Generally defined, this area extends north to the State Line between
the St. Joseph River and U.S. 31 Bypass. This portion of German
Township contains a large development area presently receiving
municipal services (see Map 10).
56
This area has had a moderate amount of past residential growth and
industrial development, which has been annexed by the City. The
north area is anticipated to become one of two areas for substantial
new residential and additional industrial development in the future.
c. Northwest
The northwest annexation area includes part of Warren Township
and a small portion of German Township. It extends west from the
U.S. 31 Bypass being bordered on the north by the State Line, on the
west by Redwood Road (extended south) and on the south by U.S. 20.
This area is anticipated to be a major residential and industrial
growth area in the future. Annexation of this northwest area will
enable the City to manage new development around the Toll
Road/U.S. 31 Bypass and U.S. 20/U.S. 31 Bypass interchanges along
with the U.S. 20 corridor.
d. West
This annexation area extends west towards Pine Road and is bordered
on the north by U.S. 20 and on the south by Crumstown Highway.
This area, containing portions of German and Portage Townships,
has a medium density mix of residential development with some
commercial and industrial developments which will continue to see
growth in the future. Portions of this area may also require
redevelopment activities in the future. S.R. 2 represents the major
arterial entering the City from the west. Edison Road and
Crumstown Highway are also important minor arterials. Managing
future development around the U.S. 20/U.S. 31 Bypass interchange at
S.R. 2 (Western Avenue) is an important objective for this
annexation area.
e. Southwest
Growth to the southwest will be limited and generally confined to the
extension of the corporate limits toward the U.S. 20/U.S. 31 Bypass
between Mayflower Road and S.R. 23. Additional industrial growth
is possible in this portion of Portage Township. Mayflower Road and
S.R. 23, along with their respective interchanges at the U.S. 20/U.S. 31
Bypass, are important arterials to the City.
57
f. Southeast
The southeast area extends from Locust Road on the west to the east
study area limits which is approximately 1.5 miles east of Ironwood
Drive, The south limits of this area generally follows Roosevelt
Road. This annexation area includes land in Centre and Penn
Townships and has a large developed area south along and near U.S.
31 which is presently receiving municipal services and/or has
commercial/industrial land uses (see Map 10). Managing
development in the area around the U.S. 31/U.S. 20 Bypass
interchange and Ironwood Road/U.S. 20 Bypass interchange are
important to the City as well as along U.S. 31, Ironwood Road and
Ireland Road. Considerable residential and moderate commercial
development has occurred in this area in the past and is expected to
continue in the future. The elimination of confusing, meandering
corporate limits in this area is a primary need for annexation.
2, Priority Annexations
The annexation plan is considered long-range, yet it does not have a
fixed time frame. There are, however, certain areas that should be given
a priority consideration for annexation. These areas include parcels of
land that are presently completely surrounded by the City. Several
so-called islands are located throughout the City as identified below and
as shown on Map 12.
Another type of priority annexation consideration are peninsulas or
areas that are surrounded by more than 50% but less than 100% by the
present corporate limits. These peninsulas also contribute to the
jurisdictional confusion and efficiency for the delivery of needed
municipal services. Some of the major peninsulas are described below.
Islands and peninsulas should be given a priority consideration for
annexation. The timing for their annexation, however, should not
distract from nor be considered a prerequisite for the City when
proceeding with other annexations and the overall implementation of
the City's annexation policy and plan.
a. Islands
Six (6) unincorporated islands are presently located within the
corporate limits of the City. These are generally described below and
shown on Map 12.
• Lilac Acres Subdivision located adjacent to the north side of
Cleveland Road and west side of Lilac Road, two (2) lots adjacent
to the east side of Lilac Road just north of Cleveland Road and
58
Riverside Park Subdivision (unrecorded) along the north side of
Cleveland Road just east of Lilac Road.
• One (1) lot located in Creekwood Villas Subdivision just north of
Hepler Street between Crestwood Boulevard and Hickory Road.
• One (1) lot adjacent to the south side of Inwood Road just east of
Ironwood Road.
• One (1) lot just east of Ironwood Road between Inwood Road and
Ireland Road.
• One (1) lot near the south end of Sampson Street just north of
Ireland Road.
• One (1) lot just east of Ironwood Road south of Jackson Road.
b. Peninsulas
Peninsulas of unincorporated land bordered by more than 50% but
less than 100% of the corporate limits are located throughout the
City. These peninsulas contribute greatly to the confusing
corporate limits and the efficiency of providing certain municipal
services.
Peninsulas can consist of Individual lots or larger clusters of
unincorporated parcels. Two large peninsulas include the
Ardmore Area generally bordered by Lincolnway West on the
north, Grandview Avenue on the east and Conrail on the south
and the area previously attempted for annexation north of the
U.S. 20/31 Bypass and east of Linden Road. Several smaller sized
peninsulas are located near the Ireland Road/Ironwood Road
intersection; just west of Miami Highway between Jackson Road
and Johnson Road; and, between New Cleveland Road and Brick
Road to the west of Portage Avenue. The entire southwest
annexation area previously described could also be viewed as a
peninsula.
Like the unincorporated islands, peninsulas should be considered
for priority annexation. Their timing for annexation, however,
should not distract from other annexations.
59
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