HomeMy WebLinkAboutProviding for the Control of Land Subdivision and the Approval od Plat and Replat of LandORDINANCE No. 4563 - - -63
Passed by the Common Council of the City of South Bend,
MARCH 11,
Presented by me to the Mayor of the City of South Bend,
MARCH 12.
Approved and signed by
MARCH
�9 63
63
Clerk
of Common Council
63
Clerk
IDEAL PRESS
Ordinance No. X3'43
An Ordinance providing for the control of land
subdivision and the approval of plat and replat
of land within the territorial jurisdiction of
the South Bend City Planning Commission; pro-
viding penalties for violation and repealing
all ordinances or parts of ordinances in con-
flict herewith.
Be it ordained by the Common Council of the
City of South Bend, Indiana, under authority
of Chapter 174, Acts of 1947, General Assembly
of the State of Indiana, and all amendments and
supplements thereto.
_ -
TABLE OF CONTENTS
Page
SECTION I.
Purposes and Objectives; Jurisdiction
1
and Authority
SECTION II.
Definitions
1
SECTION III.
Principles and Minimum Standards
3
SECTION IV.
Procedure
8
A. Pre - Application
8
B. Application
8
C. Preliminary Plat
9
D. Preliminary Plat Approval
12
E. Final Plat
13
SECTION V.
Required Improvements
16
SECTION VI.
Variance and Modification, Plat Certifi-
18
cates, Validity, Repeal of Conflicting
Ordinance, Penalties, and Adoption.
1
SECTION I. PURPOSES AND OBJECTIVES; JURISDICTION AND AUTHORITY
A+ Purposes and Objectives of Subdivision Regulation
The regulation of land subdivision has become widely
recognized as a method of insuring sound community growth
and the safeguarding of the interests of the home owner,
the subdivider, and the local government. The citizens
of the City of South Bend, as of all cities, need the
assurance that residential subdivisions will provide
permanent assets to the community. This ordinance should
be viewed not as an end in itself, but as one tool or
technique for the shaping of urban land according to
a comprehensive plan for the development of the commu-
nity.
The planning of a subdivision is the joint responsibi-
lity of the subdivider and the City Planning Commission,
the former having the prime responsibility for the crea-
tion of desirable, stable neighborhoods that become an
integral part of the entire city. Subdivision design
and utility can enhance or depreciate the character
and potentialities of the surrounding areas and stabi-
lize or endanger the individual's investment in a home.
The City Planning Commission has the responsibility of
helping the subdivider achieve a high standard of ex-
cellence in the planning of his subdivision, and of
informing all subdividers of the minimum standards and
requirements on which the city will insist.
B. Jurisdiction
This ordinance shall apply to all subdivision of land
within the corporate limits of the City of South Bend,
Indiana, as now or hereafter established.
C. Authority
No plat or replat of a subdivision of land located within
the corporate limits of the City of South Bend, Indiana,
shall be recorded until it shall have the approval of
the City Planning Commission, and such approval shall
have been entered upon the plat and signed by the Secre-
tary of the Commission.
SECTION II. DEFINITIONS
For the purpose of this ordinance certain words used herein
are defined as follows:
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A. Building Setback Line - the line nearest the front and
across a lot establishing the front line of buildings
and structures.
B. Crosswalk - a right -of -way dedicated to public use,
which cuts across a block to facilitate pedestrian ac-
cess to adjacent streets and properties.
C. Easement - a grant by the property owner for the use of
a strip of land by the public, a corporation, or per-
sons for specific uses and purposes.
D. Comprehensive Plan - the complete plan, or any of its
parts, for the development of the City of South Bend,
prepared by the Commission, legally adopted, and indi-
cating general locations recommended for public im-
provement. (Commonly referred to as the Master Plan).
E. Lot - A portion of a subdivision, or other parcel of land,
intended as a unit for transfer of ownership or building
development.
F. Plat - a map or chart indicating the subdivision or re-
subdivision of land.
G. Streets and Alleys - ways for vehicular traffic dedi-
cated to the public use providing the principal means
of access to abutting property.
1. Major streets are those which are used primarily
for fast or heavy traffic.
2. Collector streets (or distributor streets) are
those which are used to carry traffic from minor
streets to major streets and highways, including
the principal entrance streets to a residential
development and circulation streets within such
developments.
3. Minor streets are those used primarily for access
to the abutting property.
4. Marginal access streets are minor streets which
are parallel to and adjacent to major streets and
highways, and which provide access to abutting
property and protection from through traffic.
5, Alleys are minor ways which are used primarily for
vehicular service access to the rear or side of
properties otherwise abutting on a street.
3
6. Loop streets are streets which begin at an inter-
section with another street, run thence to make
a loop or "U" of various shape or proportions,
and thence reintersect the street of origin at
another point.
7. Cul -de -sacs are short streets having one end
opened to traffic, the other end being permanently
terminated by a vehicle turnaround.
H. Subdivision - a division of a parcel of land into
two (2) or more lots or parcels of less than ten (10)
acres each for the purpose of transfer of ownership or
building development including all changes in street
or lot lines.
SECTION III. PRINCIPLES AND MINIMUM STANDARDS
A. General
1. No land shall be subdivided for residential use,
if such land is considered by the Commission to
be unsuitable for such use by reason of flooding
or improper drainage, or objectional earth or
rock formations, topography or other features
harmful to the health, safety and welfare of
possible residents and the community as a whole.
2. All proposed subdivisions shall conform to the
Major Thoroughfares Plan, as is now or may be set
forth hereafter. Whenever any tract to be sub-
divided embraces any part of said Major Thorough-
fares Plan, such part of such public way shall be
platted by the subdivider in the location and of
the width indicated on the Major Thoroughfares
Plan. Where streets are not shown in the Major
Thoroughfares Plan, the arrangements of streets
in a subdivision shall provide for the continua-
tion or projection of existing principal streets
in surrounding areas; or, conform to a plan of
the neighborhood approved and adopted by the
Planning Commission. (See Plate opposite.)
B. Streets
1. The arrangement, character, extent, width, grade,
and location of all streets shall be correlated
to existing and planned streets, existing topo-
graphy, public convenience and safety, and in
their appropriate relation to the proposed uses
of the land to be served by such streets.
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2. Minor streets shall be laid out so that their use
by through traffic will be discouraged.
3. Where a subdivision borders on or contains an
existing or proposed street as shown in the Major
Thoroughfares Plan, the Planning Commission may
require a marginal access street or reverse front-
age with screen planting contained in a nonaccess
reservation, which shall have a minimum width of
ten (10) feet along the rear property line; or,
such other treatment as may be adequate for pro-
tection of residential properties and to afford
separation of through and local traffic.
4. Where a subdivision borders on or contains a rail-
road right -of -way or limited access highway right -
of -way, the Planning Commission may require a street
approximately parallel to and on each side of such
right -of -way at a distance suitable for the appro-
priate use of the intervening land, as for park
purposes in residential districts. Such distances
shall be determined with due regard for the require-
ments of approved grades and future grade separa-
tion. The Planning Commission may require that
control of said intervening land strips be placed
in the City under conditions approved by the Com-
mission.
5. Street jogs with centerline offsets of less than
one hundred and fifty (150) feet shall be pro-
hibited.
6. A tangent at least one hundred (100) feet long
shall be introduced between reverse curves on
major thoroughfares. All minor streets shall have
a tangent of at least fifty (50) feet long on
reverse curves.
7.. When connecting street lines d
other at any one point by more
grees in alignment, they shall
curve with a minimum radius of
feet for major streets and two
for minor streets.
aflect from each
than ten (10) de-
be connected by a
eight hundred (800)
hundred (200) feet
8. On major streets the minimum sight distance for
vertical curves shall be six hundred (600) feet
measured from a point five (5) feet above the cen-
terline of roadway. The minimum sight distance
for other streets shall be three hundred (300)
feet measured from five (5) feet above the cen-
terline of roadway.
C.
9. The maximum grade on major streets shall not ex-
ceed six (6) per cent. The maximum grade on other
streets and alleys shall not exceed eight (8) per
cent, and the minimum grade of any street gutter
shall not be less than one -half (z) of one (1)
per cent. Proposed streets shall be adjusted to
the contour of the land to produce usable lots and
streets of reasonable gradient.
10. Half- streets and half - alleys shall be prohibited.
Whenever a half- street is adjacent to a tract to
be subdivided, the other half of the street shall
be platted within such tracts.
11. Cul -de -sac and dead end streets,designed to be so
permanently,shall generally not be longer than six
hundred (600) feet. All dead end streets shall
terminate in a circular right -of -way within a
minimum radius of fifty (50) feet with an effective
turning radius of forty (40) feet.
12. The minimum right -of -way width of all streets
shall be as scheduled under Section V, Sub - Section
D -2 (p.16 ).
13. All street intersections shall, where possible,
be made at right angles but in no case shall the
acute angle be less than eighty (80) degrees.
14. No street names shall be used which will dupli-
cate or be confused with the names of existing
streets within the corporate limits of South Bend
and a three (3) mile radius therefrom. All street
names proposed shall be subject to Planning Com-
mission approval.
Alleys
1. Alleys shall be provided in commercial and indus-
trial districts except that the Planning Commission
may waive this requirement,if other definite and
assured provision is made for service access such
as off - street loading, unloading, and parking con-
sistent with and adequate for the uses proposed.
2. Alleys shall be prohibited in residential areas
except where topographical or other conditions
may necessitate their use.
3. The width of an alley shall not be less than
twenty (20) feet.
5
6
4. Alley intersections with sharp changes in align-
ment shall be avoided, but where necessary, cor-
ners shall be cut off sufficiently to permit safe
vehicular movement.
5. Dead end alleys shall be prohibited except when
provided with a forty (40) foot outside turning
radius at the dead end.
D. Easements
1. Easements centered on rear or side lot lines shall
be provided for utilities where necessary and
shall be at least five (5) feet wide on both sides
of the property lines. Easements shall be con-
tinuous to the street at the end of the block to
connect with adjoining blocks in the shortest
direct line.
2. Where a subdivision is traversed by a water course,
drainage way, channel, or stream, there shall be
provided an adequate storm water easement or
drainage right -of -way conforming substantially
with the lines of such water course. Parallel
streets or parkways may be required in connection
therewith.
E. Blocks
1. The width of blocks shall be sufficient to allow
two tiers of lots, except where reverse frontage
on a major thoroughfare is required.
2. Where effective use of land does not require
otherwise, blocks in residential subdivisions shall
not exceed sixteen hundred (1,600) feet in length.
3. In the event of block length exceeding one thousand
(1,000) feet where the blocks are not arranged
in the direction of natural traffic flow, a cross-
walk or pedestrianway not less than ten (10) feet
in width may be required near the center and en-
tirely across any block. Such pedestrianway shall
be dedicated and paved to a width of five (5) feet.
F. Lots
1. Residential lots shall in no case be less than
sixty (60) feet in width at the building line nor
contain less than six thousand (6,000) square feet
in area.
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2. Corner lots shall in no case be less than sixty -
five (65) feet in width at the building line nor
contain less than seven thousand (7,000) square
feet in area.
3. Residential lots not served by public sewer and
water shall be not less than eighty (80) feet in
width at the building line nor less than ninety -
six hundred (9,600) square feet in area. Where
there is no public sewer but public water is pro-
vided, residential lots shall be not less than
sixty (60) feet in width and shall contain not
less than seventy -two hundred (7,200) square feet
in area.
4. The depth to width ratio of the useable area, i.e.,
the area which is not unuseable for normal building,
service, recreational, or similar activities by
reason of the existence of geologic, topographic,
drainage, or other similar conditions, of a lot
in a residential district shall be a maximum of
two and one -half (2.5) to one (1.0) except where a
variance becomes necessary for the purpose of
using up odd shaped parcels.
5. Side lines of all lots shall be at right angles
or radials to street lines.
6. Every lot shall abut on a public street.
7. Double frontage lots shall be avoided except where
essential to provide separation of residential
development from traffic arteries or to overcome
specific disadvantages of topography and orienta-
tion. A planting screen easement of at least
ten (10) feet in width, across which there shall
be no access, shall be provided along the line
of lots abutting such traffic arteries or other
disadvantageous use.
8. Where larger than normal lots are proposed, they
shall be of such shape and dimensions that future
streets may be platted along lot lines.
9. Lots shall be numbered consecutively throughout
the entire subdivision.
G. Public Sites and Open Spaces
1. Where a proposed park, playground, school or other
public use shown in the Long Range Plan for Recrea-
El
tion Areas is located in whole or in part in a
subdivision, or where deemed essential by the
Commission upon consideration of the particular
type of development proposed in.the subdivision,
and especially in large scale unit development not
anticipated in the Long Range Plan for Recreation
Areas, the Commission may require the reservation
for a reasonable period of time, not to exceed
ten (10) years, of such areas within the subdivi-
sion of character, extent and location suitable
to the needs required by such development for
schools, parks, and other neighborhood purposes,
and may further require the subdivider to sell
to the proper city agency said land at the cost of
unimproved land, plus the taxes accumulated from
the date of recording, plus their share of street
improvements. Such reservation shall be clearly
shown on the plat of the subdivision. (See Plate
opposite.)
SECTION IV. PROCEDURE
A. Preapplication
1. From the standpoint of economy of time and money,
it is highly recommended that the subdivider con-
sult early and informally with the Planning Direc-
tor. This will enable the subdivider to become
familiar with the requirements of these and other
regulations as they affect the area and will pre-
vent unnecessary and costly revisions. The sub-
divider should present a sketch in inexpensive and
tentative form showing in a general way the pro-
posed development, the existing conditions within
the area proposed for subdivision and of surrounding
lands. This shall not require formal application
fee, or filing of a preliminary plat, nor shall
it be deemed a preliminary plat.
B. Application
1. The subdivider shall submit a written application
for a certificate of approval and five (5) copies
of a preliminary plat of subdivision to the Plan-
ning Commission Secretary at least ten (10) days
before the meeting at which the Commission is
expected to consider said application and plat.
The application shall specify the intent of the
subdivider with respect to land use, drainage,
sewage disposal, water supply, school, recreation
facilities, essential municipal services, and
street improvement proposed by the subdivider;
C.
what, if any restrictions exist or are to be placed
on the property to be subdivided; and the expected
date of its development.
2. Upon receipt of the application, the Planning
Commission, if it tentatively approves the appli-
cation, shall set a date for a hearing, notify
the applicant in writing, and notify by general
publication or otherwise any person or govern-
mental unit having a probable interest in the
proposed plat.
3. After hearing and within a reasonable time after
application for approval of the plat, the Planning
Commission shall approve or disapprove it. If
the Planning Commission approves, it shall affix
the Commission's seal upon the plat. If it
disapproves, it shall set forth its reasons in its
own records and provide the applicant with a copy.
4. At the time of filing an application for approval
of the plat, the application shall be accompanied
by a certified check or money order of ten ($10)
dollars plus twenty -five (25) cents for each lot
in the proposed subdivision payable to the City
Planning Commission in the amounts to cover the
cost of checking and verifying the proposed plat.
Preliminary Plat
The preliminary plat shall be prepared in accordance
with Section III and shall be presented as follows:
1. The plat shall be drawn at a scale
feet to one (1) inch on a sheet or
four (24) inches by thirty -six (36
size, except that when the drawing
requires more than two (2) sheets,
be drawn at a scale of one hundred
one (1) inch.
of fifty (50)
sheets twenty -
inches in
at that scale
the plat may
(100) feet to
2. The plat shall include a vicinity key map at an
appropriate scale with a layout of the proposed
subdivisions and all existing subdivisions, street
and tract lines, and acreage parcels of land
immediately adjoining the proposed subdivision and
between it and the nearest existing thoroughfares.
It shall show how streets and alleys in the pro-
posed subdivision may connect with existing and
proposed streets and alleys in the contiguous
E
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subdivisions or undeveloped property to produce
the most advantageous development of the entire
neighborhood.
3. The plat shall contain the following information:
a. Description
(1) Proposed name of subdivision; prefer-
ably such names shall be brief.
(2) Location by section, township and
range, or by other legal description.
(3) Name and address of subdivider.
(4) Name, address, and seal of registered
professional engineer or land sur-
veyor preparing the plat.
(5) Scale of plat, graphic scale, north
point, and date.
b. Existing Conditions
(1) Boundary line of proposed subdivision
indicated by solid heavy line.
(2) Location, width, and names of all
existing or prior platted streets or
other public ways, railroad and uti-
lity right -of -ways, parks and other
public open spaces. Location of per-
manent buildings or structures, and
section and municipal corporation
lines within or adjacent to the tract.
(3) In case of a replat, all descriptive
lines of the original plat being va-
cated shall be shown by dotted lines
in their proper position in relation
to the new arrangement of the plat,
the new plat being clearly shown in
solid lines so as to avoid confusion.
(4) Existing sewers, water mains, cul-
verts, or other underground facilities
within and adjacent to the tract,
indicating pipe sizes, grades and
exact location as obtained from pub-
lic records. If water mains and
11
sewers are not adjacent to the tract,
the direction to, distance to the
nearest ones, and their size shall be
shown.
(5) Existing zoning of proposed subdivi-
sion and adjacent tracts in zoned
areas.
(6) Contours based on.city datum of not
more than five (5) feet nor less than
two (2) feet vertical intervals.
(7) Subsurface conditions on the tract,
location and results of tests made
to ascertain subsurface soil, rock
and ground water conditions, depth
to ground water, unless test pits
are dry to a depth of seven (7)
feet, location and result of soil
percolation tests if individual
sewage disposal systems are proposed.
(8) Other conditions on the tract such
as water courses, marshes, rock out -
cropment, wooded areas, etc.
C. Proposed Conditions
(1) Layout of streets, their names and
widths and widths of alleys, cross-
walks and easements. The names of
streets shall conform so far as prac-
ticable to the names of corresponding
streets existing in the vicinity of
the subdivision.
(2) Layout, dimensions, and number of
lots, gross acreage, total acreage
of lots, linial feet of streets.
(3) Parcels of land to be dedicated or
temporarily reserved for public use
or set aside for the use of property
owners in the subdivision. Land dedi-
cated for parks or other public uses
shall be set forth and described in
the articles of dedication and shall
also be shown on the plat under the
appropriate heading such as "Park
Land" or 'but Lot for Public Use" on
the plat thereof.
D.
(4) Building setback lines.
d. Other Preliminary Plans
(1) When required by the Planning Com-
mission, the preliminary plan shall
be accompanied by profiles showing
existing ground surface and proposed
street grades, including extensions
for a reasonable distance beyond the
limits of the proposed subdivision;
typical cross sections of the pro-
posed grading, roadway and sidewalk;
and preliminary plan of proposed
sanitary and storm water sewers with
grades and sizes indicated. All
elevations shall be based on a datum
plane approved by the City Engineer.
Preliminary Plat Approval
1. The Commission shall consider the application and
preliminary plat not later than the second regular
monthly meeting following its proper submittal.
If the Commission is satisfied that all conditions
have been satisfactorily met by the subdivider, it
shall tentatively approve the application and set
a date for a public hearing on the proposed plat
giving written notification to the applicant and
notify by general publication, or otherwise, any
person, persons, or governmental unit having a
public interest in the proposed plat at least ten
(10) days prior to the date set for the hearing.
The cost of publishing the notice of the hearing
shall be paid to the publisher by the applicant
at the time of inserting the notices.
No subdivision lying within five hundred (500)
feet of any park, parkway, or boulevard shall
be approved unless prior approval has been ob-
tained from the Board of Park Commissioners.
After hearing and within a reasonable time after
application for approval of the plat, the plat
shall be approved or disapproved. If the Com-
mission approves, it shall affix the Commission's
seal on the plat. If it disapproves, it shall
set forth its reasons in its own records and
provide the applicant with a copy.
2. The approval of a preliminary plat by the Planning
Commission is strictly tentative, involving merely
the general acceptability of the layout submitted.
12
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3. The Planning Commission may introduce such changes
or revisions as are deemed necessary to the best
interest and general welfare of the community.
4. Tentative approval shall be effective for a maxi-
mum period of twenty -four (24) months unless upon
application of the subdivider the Commission
grants an extension. If the final plat has not
been recorded within this time limit,. the prelimi-
nary plat must again be submitted to the Commis-
sion for approval.
5. The Planning Commission may ask the subdivider
that certain protective covenants properly pre-
pared and legally sound which may be deemed
essential to the sound development of proposed
residential areas be incorporated in the plat.
These covenants shall provide enforcement pro-
visions and shall be recorded with the County
Recorder.
E. Final Plat
1. After approval of the preliminary plat by the
Commission and fulfillment of the requirements
of these regulations, one (1) tracing of the final
plat of the subdivision drawn on a transparency
and four (4) blackline or blueline reproductions
shall be submitted to the Commission.
If the Commission approves it, it shall place a
certification thereof on the original drawing
and reproduced copies thereof. Upon the final
approval of the plat, the reproductions shall
become the property of the Commission.
2. The final plat shall be prepared to the same scale
as the preliminary plat and shall contain the
following information:
a. Name of subdivision.
b. Location by section, township and range, or
other legal description.
c. The name and certification of registered
professional engineer or land surveyor pre-
paring the plat.
d. Scale shown graphically and numerically, date,
and north point.
e. Boundary of plat, based on an accurate tra-
verse with angular and lineal dimension.
14
f. Exact location, width and name of all streets
within and adjoining the plat, and the exact
location and width of all alleys and cross-
walks.
g. Through courses and distances to the nearest
established street lines of official monu-
ment, which shall accurately describe the
location of the plat.
h. City, township, county, or section line
accurately tied to the lines of the subdi-
vision by distances and courses.
i. Radii, internal angits, points of curvature
and tangency, length of tangents, lengths
of all arcs, and similar data.
j. All easements for right -of -way provided for
public services or utilities.
k. All lot numbers and lines with accurate di-
mensions in feet and hundredths. Lots in
numbered additions to subdivisions bearing
the same name may be numbered consecutively
through the several additions. All lots
within one addition shall be numbered con-
secutively.
1. Lines of all streets with accurate dimensions
in feet and hundredths showing angles to all
other street and alley lines.
m. Accurate location of all monuments.
n. Accurate outlines and legal descriptions of
any areas other than public ways to be dedi-
cated or reserved for public use and semi-
public use, with the purposes indicated
thereon; and for any areas to be reserved
for use of all property owners.
o. Building setback lines accurately shown with
dimensions which are not in conflict with
Ordinance No. 3702, the Zoning Ordinance of
the City of South Bend.
3. The Commission shall consider approval of a final
plat only after:
a. The submission by the subdivider if requested
by the Commission of restrictive covenants
of all types which run with the land.
15
b. The submission of a legal description of the
property platted.
c. An accurate survey of the subdivision has been
made and such survey marked on the ground so
that streets, alleys, blocks, lots and other
divisions thereof may be identified; sewer
and water mains to serve each lot or, in
lieu of water main installation a contract
between the developer and the Water Works
Board of the City of South Bend for said
installation, and grading of the full width
of all streets and alleys shall have been
accomplished. The Commission may, however,
require the completion of all street improve-
ments, including in addition to sewer and
water mains, street pavement, curb and gutter
and sidewalks before approval of the final
plat.
d. A bond which shall run to the City of South
Bend, be in an amount determined by the City
Civil Engineer to be sufficient to complete
the improvements and installations in com-
pliance with this ordinance, be with surety
by a company licensed to do business in the
State of Indiana, and specify the time for
completion for the improvements and installa-
tions.
e. Any funds received from these bonds shall be
used by the legally constituted body charged
with making public improvements for the city
or county only for completion of the improve-
ments and installations for which they were
provided, and without prior appropriation.
The city is authorized to make these improve-
ments and installations.
f. Where required by the Commission, accurate
grading plan for each lot.
4. Assurance to Subdivider
a. If, at the time the subdivider applies for
final plat approval, it has been demonstrated
to the satisfaction of the Commission that
the conditions of this ordinance have been
met, and if the final plat conforms sub-
stantially to the preliminary plat as approved,
the Commission shall give final plat approval
within thirty (30) days after application.
SUGGESTED STREET
CROSS SECTIONS
1847dvi I
MINOR STREET
Fla. I
COLLECTOR STREET
FIG. 3
64'
MAJOR THOROFARE-4 MOVING a 2 PARKING LANES
FIG. 5
I al o' W
COLLECTOR STREET
FIG, 2
J[5
MIN.
MAJOR THOROFARE-4 MOVING LANES-NO PARKING
FIG. 4
MAJOR THOROFARE — 6 MOVING LANES
FIG. 6
AAEAL.,
',.�,VMIAGLF WM�R
IN URBAN AREAS 2" 12�— 2 12'12 tod VARIABLE BUFFER AREA
300• RECOMMENDED R.QW IN AURAL AREAS
OUTER BELT PARKWAY
FIG. 7
CITY PLANNING COMMISSION
SOUTH SEND, INDIANA
1958
16
SECTION V. REQUIRED IMPROVEMENTS
A. Monuments and Markers
Monuments shall be of concrete with minimum dimensions
of four (4) inches by four (4) inches at top, six (6)
inches by six (6) inches at bottom, and thirty -six (36)
inches long with a copper dowel three - eighths (3/8)
inches in diameter, at least two and one -half (22) inches
in length, imbedded so that the top of the dowel shall
be flush with the surface and at the center of the
monument.
All lot corners not marked by concrete monuments shall
be marked by galvanized or wrought -iron pipe or iron or
steel bars at least eighteen (18) inches in length and
not less than three - fourths (3/4) inches in diameter.
The top of the pipe or bar is to be set level with the
established grade of the ground.
B. Storm Drainage
Proper and adequate provision shall be made by the
subdivider for drainage to provide for the disposal of
storm water. The developer shall sod all drainage
swales that exceed two (2 %) per cent gradient. Existing
water courses shall be maintained and dedicated for
drainage purposes. The City Civil Engineer shall
determine the extent, location, and capacity of such
facilities.
C. Sewage and Water Facilities
The subdivision shall be provided with a complete public
sewer and water system, provided it is entirely within
the city limits. The work shall be done in accordance
with plans, profiles, and specifications prepared by a
professional engineer, registered in the State of
Indiana, and shall be approved in the case of sewer by
the Board of Public Works, and in the case of water
by the Board of Water Works. Temporary sewage disposal
shall meet the requirements of the State Board of Health.
D. Streets and Alleys
1. Streets and alleys shall be completed to grades
shown on plans and profiles prepared on standard
profile paper by the subdivider and approved by
the Board of Public Works and Safety.
2. All streets shall be surfaced and improved in the
manner determined by the Board of Public Works and
Safety and shall conform to the following schedule:
(See Plate opposite.)
Street
Type
Major Streets
Collector Streets
Minor Streets for row
houses and apartments
Minor Streets for single
family detached dwellings
Marginal Access **
Cul- de- saCYand short
loop streets
Alleys
Right -of -Way Width of
Width Pavement*
80' to 120' or as Variable
shown on the Major
Thoroughfares Plan
60' 36'
60' 32' to 36'
50' 26'
40' 18'
40' 18'
20' 18'
17
On all minor streets an improved, all- weather driveway and
driveway apron shall be provided. The maximum gradient between
vertical transitions shall be not greater than fourteen (14 %)
per cent.
* Measured gutter line to gutter line.
** Curb and gutter shall generally not be required on the
highway side. A planting strip, with a minimum width of
ten (10) feet may be required on the highway side.
3. Installation of utilities after sub - grading is
completed and approved and before any base is
applied; all of the underground services, including
water mains, sewers, and so on; and all service
connections shall be installed completely and
approved throughout the length of the road and
across the flat section.
4. The subdivider shall provide permanent concrete
curbs and gutters according to specifications
required by the Board of Public Works and Safety.
E. Culverts
All water courses crossed by streets or alleys shall be
provided with adequate and permanent culverts of a size,
type, and material approved by the City Civil Engineer.
Culverts on existing streets shall be enlarged wherever
M
necessary by reason of diverted or increased concentra-
tion of drainage. Adequate fences and barriers shall
be provided in connection therewith.
F. Sidewalks
Installation by the subdivider of sidewalks on both
sides of streets shall be required. The Commission
may waive the requirements of sidewalks along strictly
rural streets or where a park, railroad, or other use
on the side of a street makes a sidewalk nonessential.
Sidewalks shall be located not less than one'(1) foot
from the property line on all except minor streets to
prevent interference or encroachment by fencing, walls,
hedges, or other planting or structure placed on the
property line at a later date. In single family resi-
dential areas concrete sidewalks shall be five (5)
feet wide and four (4) inches thick. Maximum gradient
on walks shall be not less than five (5 %) per cent. In
multi - family or group housing developments, sidewalks
shall be of a width determined by the Planning Commis-
sion. Sidewalks in commercial areas shall have a mini-
mum width of ten (10) feet.
G. Recommended Improvements
Trees of a variety approved by the Commission and the
Superintendent of Parks. If such planting is accom-
plished, they shall be planted no closer than five (5)
feet to the front property line on the property side
and shall be spaced no closer than forty (40) feet apart.
They shall be a minimum of one and one -half (1?) inches in
diameter measured one (1) foot above the ground. These
restrictions shall apply to the front yard area only.
SECTION VI. VARIANCE AND MODIFICATION, PLAT CERTIFICATES,
VALIDITY, REPEAL OF CONFLICTING ORDINANCE, PENAL-
TIES, AND ADOPTION.
A. Variance and Modification
When the subdivider can show that a provision of these
regulations, if strictly adhered to, would cause unneces-
sary hardship; and, when in the opinion of the Commis-
sion, because of topographical or other conditions pecu-
liar to the site, a departure may be made without
destroying the intent of such provision; the Commission
may authorize a variance or modification. The subdivider
shall apply in writing for such variance or modification
of the requirement complained of. Such application
19
shall be duly considered by the Commission at the next
regularly scheduled monthly meeting.
UNUSUAL AND IMAGINATIVE DEVELOPMENTS ARE WELCOMED AND
MAY BE APPROVED IF THEY MEASURE UP TO THE SPIRIT AND
INTENT OF THIS ORDINANCE EVEN THOUGH THEY DEVIATE FROM
SOME OF THE PARTICULARS.
B. Certificates
1. After approval of the Planning Commission the
Secretary shall affix and sign a certificate of
approval to said plat of subdivision.
2. Each final plat submitted to the Commission for
approval shall carry a certificate signed by a
Registered Professional Engineer or Land Surveyor
in substantially the following form:
"I (Name) hereby certify that I am a Profes-
sional Engineer (or a Land Surveyor), licensed
in compliance with the laws of the State of
Indiana; that this plat correctly represents a
survey completed by me on (Date) ; that all
the monuments shown thereon actually exist; and
that their location, size, type and material are
accurately shown."
SEAL
Signature
3. Each final plat submitted to the Commission for
approval shall carry a deed of dedication in sub-
stantially the following forms:
"We the undersigned (Name) owners of the real
estate shown and described herein, do hereby lay
off, plat and subdivide said real estate in
accordance with the within plat.
This subdivision shall be known and designated as
(Name) . All streets and alleys and public
open spaces shown and not heretofore dedicated,
are hereby dedicated to the public.
Front and side yard building setback lines are
hereby established as shown on this plat, between
20
which lines and the property lines of the streets,
there shall be erected or maintained no building
or structure.
There are strips of ground (Number) feet in
width as shown on this plat and marked "Easement,"
reserved for the use of public utilities for the
installation of water and sewer mains, poles,
ducts, lines and wires, subject at all times to
the proper authorities and to the easement herein
reserved. No permanent or other structures are
to be erected or maintained upon said strips of
land, but owners of lots in this subdivision shall
take their titles subject to the rights of the
public utilities, and to the rights of the owners
of other lots in this subdivision.
(Additional dedications and protective cove-
nants, or private restrictions, would be in-
serted here upon the subdivider's initiative
or the recommendation of the Commission; im-
portant provisions are those specifying the
use to be made of the property and, in the
case of residential use, the minimum habitable
floor area.)
The foregoing covenants, (or restrictions), are
to run with the land and shall be binding on all
parties and all persons claiming under them until
January 1, 19_, (twenty -five year period is
suggested), a which time said covenants, (or
restrictions), shall be automatically extended for
successive periods of ten (10) years unless by
vote of a majority of the then owners of the
building sites covered by these covenants, or
restrictions, it is agreed to change such cove-
nants, or restrictions, in whole or in part.
Invalidation of any one of the foregoing covenants,
or restrictions, by judgment or court order shall
in no ways affect any of the other covenants or
restrictions, which shall remain in full force and
effect.
The right to enforce these provisions by injunc-
tion, together with the right to cause the removal,
by due process of law, of any structure or part
thereof erected or maintained in violation hereof,
is hereby dedicated and reserved to the several
owners of the several lots in this subdivision
21
and to their heirs and assigns."
WITNESS our Hands and Seals this day of
19
State of Indiana
County of St. Joseph
Before me, the undersigned Notary Public, in and
for the County and State, personally appeared
(Name) , (Name) , (Name), and each
separately and severally acknowledged the execu-
tion of the foregoing instrument as his or her
voluntary act and deed, for the purposes therein
expressed.
Witness my Hand and Notarial Seal this day of
19
Notary Public
4. Such final plat shall also contain such other cer-
tificates, affidavits, endorsements, or dedications
as may be required by the Planning Commission in
these enforcement regulations. Each covenant shall
contain appropriate restrictions against the planting
of trees within the street right -of -way.
C. Validity
If any section, subsection, sentence, clause or phrase
of this Ordinance is, for any reason, held to be invalid,
such decision shall not affect the validity of the re-
maining portion of this Act. The Common Council of the
City of South Bend, hereby declares that it would have
22
passed this Ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sen-
tences, clauses or phrases be declared invalid.
D. Repeal of Conflicting Ordinances
All ordinances or parts of ordinances in conflict with
the provisions of this Ordinance are hereby repealed.
E. Penalties
Any person, firm or corporation who shall violate any
of the provisions of this Ordinance shall be guilty of
a' misdemeanor, and upon conviction shall be punished
by a fine of not less than Fifty ($50) Dollars, nor more
than Three Hundred ($300) Dollars for each offense.
F. Adoption
This Ordinance shall be in full force and effect from
and after its passage, approval by the Mayor, and legal
publication.
f
Member of the CommqA XdunFi—i
1st & 2nd READING /.ZAIt.
00"IFTTEE OF THE WHOLE
PURL!D HEARING .3I /.t i' ll
3rd READING
NOT APPROVED
REFERRED
PASSED 3IIIIl,3