HomeMy WebLinkAboutAmending Chapter 6, 17 and 18 to Include New Rules, Regulations & Service Charges for Various Permits and Reviews in Connection with Stormwater Control and Construction in the Right-of-Way ORDINANCE No . 10403-15
Passed by the Common Council of the City of South Bend, Indiana
November 23, 20 15
Attest: c v crc City Clerk
JOHN VOORDE
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
November 24, 20 15
r A—kik-#-2 City Clerk
JOHN VOORD
Approved and signed by me Yece-w hr,r 1 20 !S_
Mayo
Substitute Bill No. 68-15
Ordinance No. LC'Lt 03-15
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTERS 6, 17 AND 18 OF THE SOUTH BEND
MUNICIPAL CODE TO INCLUDE NEW RULES, REGULATIONS,AND SERVICE
CHARGES FOR VARIOUS PERMITS AND REVIEWS IN CONNECTION WITH
STORMWATER CONTROL AND CONSTRUCTION IN THE RIGHT-OF-WAY.
STATEMENT OF PURPOSE AND INTENT
Chapters 17 and 18 of the South Bend Municipal Code (the Code) contain sections
involving oversight and supervisory duties of the City of South Bend Board of Public Works
through the City's Department of Public Works, and the charge of fees for these Public Works
services.
Chapter 6, Article 1. Section 4.1 of the Code, covers reasonable fees for petitions filed
with the Board of Zoning Appeals, which petitions involve the City Public Works Department's
review of drainage and downspout engineering designs to determine if they comply with City
regulations. No fee is presently charged for this Public Works Department service.
The purpose of this ordinance is to authorize the City's Public Works Department and
Engineering Division to charge certain reasonable fees to recover the costs of providing certain
services to persons requesting roadway excavations; construction or repair of sidewalks, curbs,
gutters, driveways, alleys and roadways; barricade permits; and for drainage and downspout
engineering design review.
At this time when property tax revenues do not and cannot keep pace with costs of
furnishing local governmental services, it is equitable that persons who require City oversight
and supervision for building, construction and similar rights of way projects, directly defray the
costs for the time and expenses of the City's furnishing its expertise and services. This ordinance
addresses, and is necessary and proper, to support the City's fiscal needs.
Now, Therefore, Be It Ordained by the Common Council of the City of South Bend,
Indiana as follows:
Section I. Chapter 6, Article 1, Section 6-4.1 of the South Bend Municipal Code shall be
amended by adding the following new subsection (6) which shall read in its entirety as follows:
(6) Engineering Review Fees:
a. Downspout/Drainage Disconnection Check: Field check to determine whether building
or site discharges stormwater through pipe conveyance into City sewer system.
(1) Previously Confirmed Disconnect exempt
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(2) Single-Use Residential $20*
(3) Other $50*
*Downspout/Drain Disconnection Fee shall be waived until January 1, 2018
b. Drainage Review (Required of all non-single-use residential) $150
c. Utility Verification Fee $50
Section II. Chapter 6, Article 5, Section 6-11 of the South Bend Municipal Code shall be
amended to read in its entirety as follows:
Sec. 6-11 Permit requirements
cal All temporary occupancy of public property as hereinafter provided for shall be
considered and treated as being at the will of the City, and will be permitted only by
special permit issued by the City Engineer as defined in Chapter 18, Article 7 of the
South Bend Municipal Code.
Public Works and Safety a bond of with proper securities approved by the Controller, in
us its . _ .' '. . _. . •-- --- -•. -- --- --- - .
. ..
put to, from or by reason of any act or thing done or neglected to be done, or by virtue of
the authority given in such permit.
Such a permit will be for temporary occupancy of the street or streets immediately in
front of the contemplated building or structure for the building operations as herein
described and for administration purposes.
(c) The fee for granting such a permit shall be twenty dollars ($20.00)
(c) (e)The occupancy of a street for the purposes permitted in the permit shall never extend
in front of any one (1)building to exceed one-third of the width of the roadway, unless a
greater width is permitted by the Board of Public Works, and in no event is any material
to be stored or placed closer than four (4) feet of any railway track. In all cases where
such obstruction of the street is made there shall be a clear space of not less than one (1)
foot between such obstruction and the curb line, which may be arched over at a height
sufficient to permit drainage of water in the gutter.
(d) (ft A suitably surfaced walk, four (4) feet wide, for the use of pedestrians shall be
maintained between the building line and the curb line, except as provided in section 6-
12.
�) (g)Earth taken from the excavation and rubbish taken from the building shall not be
stored upon the sidewalk or roadway of the street.
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Section III. Chapter 17, Article 12, Section 17-113(d) of the South Bend Municipal Code,
shall be amended to read as follows:
Sec. 17-113. Site development permit.
(d) Each ESCP submittal shall include the name, address and phone number of the owner or
developer of the site and any consulting firm retained by the applicant together with the
name of the applicant's principal contact at such firm. It shall also include a statement
by the owner or developer of the site that any land clearing, construction, or
development involving the movement of earth by any party on the project site shall be
in accordance with the approved ESCP. Each ESCP shall be accompanied by a non-
refundable one hundred dollars ($100)filing-permit review fee per acre of disturbed
land up to $1,000 made payable to the City of South Bend, Indiana. Partial acres are
always rounded up (e.g. 2.1 acres would have a review fee of$300). The separate ECSP
non-refundable filing fee is $100).
Section IV. Chapter 18, Article 2, Section 18-20(a) of the South Bend Municipal Code, is
hereby amended to read in its entirety as follows:
Sec. 18-20. Obstructing free passage of streets; exception; permit required.
(a) No person by any means or in any manner shall collect together vehicles or any substance
or materials so as to obstruct the free passage or use of any street. All temporary
occupancy of public property as hereinafter provided for shall be considered and treated
as being at the will of the City, and will be permitted only by special permit issued by the
City Engineer as defined in Chapter 18, Article 7 of the South Bend Municipal Code.
Section V. Chapter 18, Article 2, Section 18-22 of the South Bend Municipal Code, is hereby
amended by adding the following new subsection (e) which shall read in its entirety as follows:
(e) City-funded or City Utilities-funded public improvement construction projects shall not
be subject to City excavation fees; however, the contractor or City department doing any
such construction work must apply and receive approval for excavation permits as
described in Section 18-25.
Section VI. Chapter 18, Article 2, Sections 18-24 and 18-26 of the South Bend Municipal
Code, are hereby amended to read in their entirety as follows:
Sec. 18-24.—Excavation permit; fee.
Any person desiring to make an opening or excavation contemplated by this article shall pay
to the City Engineer's Office for the permit required by Section 18-22 the following: sum of
twenty five dollars ($25.00).
(a) Excavation of 100 linear feet or less, and for each tunnel opening:
1. In Roadway Pavement $200
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2. Outside of Roadway Pavement $25
(b) An additional charge of$25 required for each additional 100 linear feet of excavation
Sec. 18-26.—Bond required; amount; conditions; indemnity agreement.
(a) At the time of making the request under section 18-25 the person desiring to make an
opening or excavation shall file a bond payable to the City in such sum as the Board of
Public Works and Safety may designate.
(b) The bond shall be filed with the Board of Public Works and Safety and shall be
conditioned to save the City harmless from any loss, cost or damage by reason of such
proposed work, and that the same shall be done in all respects in conformity with the
requirements of this Code and all other ordinances of the City regulating the same;
provided, that a single or continuing bond may be given to embrace all work of the
petitioner for a period of time between the date of the execution of the same and such
date as set forth by the City Engineer not to exceed three years. January 1. Any single or
continuing bond issued hereunder may be renewed on an annual basis, upon approval of
the Board of Public Works and Safety.
(c) Any public utility operating under the jurisdiction of the Public Service Commission of
the State may give an indemnifying agreement in lieu of such bond.
(d) Any person desiring to make any opening or excavation as provided herein shall also
carry insurance against all personal injury and property damage claims which may arise
from the performance of such work in such amounts as may be established by the Board
of Public Works and Safety and, in case of a single or continuing bond, shall maintain on
file in the office of the Board evidence of the continuation in force of such insurance
throughout the term for which any such bond is issued.
Section VII. Chapter 18, Article 2, Section 18-27 of the South Bend Municipal Code, is
hereby amended to read in its entirety as follows:
Sec. 18-27.—Restoration of surface; specifications.
(a) Any person making any opening or excavation or causing the same to be made in any
street shall be required to replace all excavated material and pavement as herein set forth
in the City Standards for Design and Construction and Prevailing Specifications as
adopted by the Board of Public Works. -- • -: "- -- - . . .. :-." A copy
of the relevant standards and specifications shall be attached to each permit issued.
(b) This specification is set forth as follows:
"Street Excavation Repair 1964
City Engineering Department
"Whey as: The Board of Public Works and Safety deems it necessary to
these specifications are set forth and the compliance therewith shall be a
4
requirement of obtaining a permit for said opening or excavation under the
firm or corporation obtaining a permit for an opening or excavation in the public
these specifications."
(1) Baclll. All excavations under pavement shall be backfilled in accordance with
Section J entitled 'Backfilling" of the Engineering Standards adopted pursuant to
(2) Pavement replacement. All pavement shall be replaced with a type of
construction equal to or better than that which is removed as approved by the
cut not less than one and one half(11/2) inches.
with eight (8) inches of concrete, except in some residential streets where the
City Engineer may require the brick to be replaced.
finished flush with the surface of the existing concrete and the asphaltic surface
replaced.
('1) Hot asphaltic concrete, sheet asphalt, emulsified asphalt, chip seals, and oil mat
pavements. All asphaltic and oil type pavements shall be replaced with a hot
asphaltic concrete surface conforming to Section D3, Hot Asphaltic Concrete
Specifications. The thickness of the pavement shall be equal to that which
concrete base is necessary. Asphalt placed over a concrete patch shall be cut back
(5) Temporary patch. If it is not possible, due to w athcr conditions, for the
completion of the work, a coarse aggregate base eight (8) inches thick and a cold
asphaltic surface shall be applied and maintained as a temporary patch until
Section VIII. The title to Article 3 of Chapter 18, and Sections 18-35, 18-43, and 18-44
of that Chapter and Article of the South Bend Municipal Code are hereby amended to read in
their entirety as follows:
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ARTICLE 3 — CONSTRUCTION AND REPAIR OF SIDEWALKS, CURBS,_4ND
GUTTERS,DRIVEWAYS,ALLEYS,AND ROADWAYS
Sec. 18-35 Duty of abutting property owner; permit;issuance; fees.
(a) Any property owner (which includes tenant, occupant or contractor) upon his own
initiative and without notice may, or in case of written notice from the Board of Public
Works-and Safety or its designee as provided by law shall, construct, reconstruct, repair
and grade a sidewalk and/or curb and/or gutter at the edge of a sidewalk and/or driveway
and/or roadway and/or or alley abutting or bordering upon the property.
(b) Such owner shall first make application to the City Engineer or his designee for a
construction permit to be issued by such Board.
(c) Upon compliance with the provision of this Section and approval of the application by
the City Engineer or his designee the Board shall issue a permit.
(d) The permit fee for each curb cut shall be tcn dollars ($10.00)type of construction shall be
as follows:
Separate Processing Fee $25
Curb or Sidewalk—Repair(Replacement In-Kind) $0 (Processing Fee Waived)
Curb or Sidewalk—New/Modification $5 per ten linear feet ($25 minimum)
Roadway or Alley $10 per ten linear feet($50 minimum)
Residential Curb Cut (Driveway)—New/Modification $35
Residential Curb Cut (Driveway)—Repair (Replacement In-Kind) $15
Non-Residential Curb Cut (Driveway)—New/Modification $130
Non-Residential Curb Cut(Driveway)—Repair (Replacement In-Kind) $95
Re-inspection $25
(e) City-funded or City Utilities-funded public improvement construction projects shall not
be subject to City construction fees; however, the contractor or City department doing
any such construction work must apply and receive approval for construction permits as
described in Section 18-35.
Sec. 18-43. Penalty for Violation_': • : • : ; • : • '• • ; • • • • • : • •
(a) No person shall engage in the business of sidewalk contractor or in the business of laying
any sidewalk or setting any curbing or guttering in the streets, alleys, sidewalks or public
grounds of the City without first having obtained a permitliccnsc.
(13) Any person who fails to obtain the necessary construction permit shall be shall be fined
not less than one hundred dollars ($100.00) per day nor more than one thousand
($1,000.00) per day, until such time as an approved permit is obtained, in addition to
being liable for the appropriate fee from the date said construction began. Enforcement
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proceedings may be initiated upon complaint by the Department of Public Works or by
any affected individual. ' - - -- - : - : - - : - : : - - -
Bellara.00)-
specifications and the provisions of this Code and ordinances of the City.
Sec. 18-44.Snore-Bond required; amount; conditions; indemnification; insurance.
(a) At the time of making the request under section 18-35 the person desiring to obtain a
construction permit shall file a bond payable to the City in such sum as the Board of
Public Works may designate. The bond shall be filed with the Board of Public Works and
shall be conditioned to save the City harmless from any loss, cost or damage by reason of
such proposed work, and that the same shall be done in all respects in conformity with
the requirements of this Code and all other ordinances of the City regulating the same;
provided, that a single or continuing bond may be given to embrace all work of the
petitioner for a period of time between the date of the execution of the same and such
date as set forth by the City Engineer not to exceed three years. Any single or continuing
bond issued hereunder may be renewed on an annual basis, upon approval of the Board of
Public Works. • . : . . . . - • -- - •• - - . • • - _ ,• . . .
from any liability arising out of the work.
(b) All such applicants shall also carry insurance against all personal injury and property
damage claims which may arise from the performance of such work in such amounts as
may be established by the Board of Public Works and Safety, and shall maintain on file
in the office of the Board evidence of the continuation in force of such insurance
throughout the term for which any such license single or continuing bond is issued.
(c) Any public utility operating under the jurisdiction of the Public Service Commission of
the State may give an indemnifying agreement in lieu of such bond.
Section IX. Chapter 18, of the South Bend Municipal Code, shall be amended to add a new
Article 7 governing the use of City of South Bend right-of-ways by those persons or
organizations seeking a permit to do so. The following new Article 7 which contains three new
Sections --18-60, 18-61, and 18-62-- shall read in its entirety as follows:
Article 7.—RIGHT-OF-WAY OCCUPANCY AND BARRICADE PERMITS
Sec. 18-60.—Commercial, construction, recreational use of the right-of-way
(a) Application Required
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(1) Not less than forty-eight (48) hours prior to the anticipated occupancy of a portion
of any City right-of-way, and not less than seven (7) days prior to the anticipated
full closure of City right-of-way, those parties desiring to temporarily obstruct a
city right-of-way shall make application to the City of South Bend through the
City Engineer's Office; however, said time limits may be waived for applications
determined to be emergencies by the City Engineer.
(2) Said application shall contain an adequate description of the use to be made of the
occupied portion of City right-of-way including the size, location, purpose and
type of structure to be located thereupon.
(3) The Applicant shall pay fees for use of any right-of-way as established in Sec.
18-61(d) below whenever temporary obstructions to the right-of-way exceed
typical obstruction allowances that are inherent with construction activities for
which permit fees were previously paid for excavation permits and/or access
permits. For purposes of this Section "typical obstruction allowances" shall mean
be five (5) days or less for the obstruction of a non-traffic lane or right-of-way;
two (2) hours or less where traffic lanes are obstructed and traffic is maintained
on a collector roadway; and one (1) hour or less where traffic lanes are obstructed
and traffic is maintained on an arterial roadway. No consideration of previously
paid permit fees will occur for road closures.
(4) City-funded or City Utilities-funded public improvement construction projects
shall not be subject to City barricade fees; however, the contractor or City
department doing any such construction work must apply and receive approval for
barricade permits as described in subpart "1" of this Section.
(b) Depailmental Approvals Required
(1) Approval of any barricade or temporary occupancy permit under this Section is
contingent upon the applicant securing any other permit(s) applicable by City
ordinance, including but not limited to excavation permit, access permit over-
size/overweight permit, public assembly permit, parade permit, and/or block party
permits.
(2) Before any barricade or temporary occupancy permit shall be granted, the same
shall be reviewed by City Police and the Department of Public Works, and
approved by the City Engineer. Right-of-way use requested by the applicant is
subject to change as a result of this review.
(3) Once an applicant's right-of-way use is established and approved, it shall not be
subject to change or modification by the applicant except with additional
reviewing-agency approval. The City reserves the right to cause a change in
location or date for reasons of public safety.
Sec. 18-61. Conditions of any barricade permit
(a) Indemnity: No permit shall be granted unless the applicant shall have undertaken to
indemnify and save harmless the City of South Bend of and from any and all losses or
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claims which maybe asserted by anyone by reason of the granting of such permit and
the occupancy of the right-of-way by the applicant.
(b) Restoration: The applicant shall covenant to restore the right-of-way to a like or better
condition than existed prior to the permitted use upon conclusion of the approved
occupancy.
(c) Barricades and Signs: All barricades and signs shall conform to the latest revision of
the Indiana Manual on Uniform Traffic Control Devices as well as any additional
requirements deemed appropriate by the Department of Public Works or Police
Department when necessitated by special or additional safety considerations.
Permittees shall bear the expense of obtaining, erecting, maintaining and removing
barricades and signs. Applicant shall also designate a representative by name and 24-
hour phone number for notification by City when maintenance of barricading is
required.
(d) Barricade Fee Schedule: Permit fees shall not be waived. The term "week" is defined
as a period from 1 to 7 days.
Type Street Complete Closure Traffic Lane Restrictions Non-Traffic
Restrictions
Local $75 /week $35/week $20/week
Collector $50/day/lane $50/day/lane $35/week
Arterial $75/day/lane $75/day/lane $35/week
If a fee is paid to obstruct a portion of the roadway and if the right-of-way adjacent to the
road will be obstructed for the same duration of time as the roadway, an additional charge
will not be assessed for the area adjacent to the roadway.
(e) Penalty for Violation: Any person who fails to obtain the necessary right-of-way
occupancy permit shall be shall be fined not less than one hundred dollars ($100.00)
per day nor more than one thousand ($1,000.00) per day, until such time as an
approved permit is obtained, in addition to being liable for the appropriate fee from
the date said occupancy began. Enforcement proceedings may be initiated upon
complaint by the Department of Public Works or by any affected individual.
(f) Notice: Any closure or restriction should include submittal of notice. Fees based upon
time of restriction or closure shall run from time set in notice until inspector is called
to site and agrees that work is complete.
Sec. 18-62. Bond required; amount conditions; indemnification; insurance.
(a) At the time of making the request under section 18-60 the person desiring to obtain an
occupancy permit shall file a bond payable to the City in such sum as the Board of Public
Works may designate. The bond shall be filed with the Board of Public Works and shall
be conditioned to save the City harmless from any loss, cost or damage by reason of such
proposed work, and that the same shall be done in all respects in conformity with the
requirements of this Code and all other ordinances of the City regulating the same;
9
provided, that a single or continuing bond may be given to embrace all work of the
petitioner for a period of time between the date of the execution of the same and such
date as set forth by the City Engineer not to exceed the duration of occupancy. Any single
or continuing bond issued hereunder may be renewed on an annual basis, upon approval
of the Board of Public Works.
(b) All such applicants shall also carry insurance against all personal injury and property
damage claims which may arise from the performance of such work in such amounts as
may be established by the Board of Public Works, and shall maintain on file in the office
of the Board evidence of the continuation in force of such insurance throughout the term
for which any single or continuing bond is issued.
(c) Any public utility operating under the jurisdiction of the Public Service Commission of
the State may give an indemnifying agreement in lieu of such bond.
Section X. This Ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor, and an blic.tion -quired by aw.
ith tom.'`
Member of the Common Council
Attest:
John Voorde, City Clerk
Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the
`l/� ^ day of IJaJtm-J w-, 2015, at ( j `.l I o'clock R .m.
Aft .
Janice T•lboom, Deputy Clerk
Approved and signed by me on the t day of p, c� , 2015, at
3 o 'clock lo.ym.
1
Pete Bang(
Mayor of the City of South Bend, Indiana
st READING t0�Z—t � HQV 23 2095 I
PUBLIC HEARING Lk-13'tS `LS td .,.
El—t,3 —LI- a l AA. d
3rd READING 10
NOT APPROVED
REFERRED "1:^i II f .�.,
PASSED t—L3 L Q Sum l -1'�'
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
68-15 A BILL OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING CHAPTERS 6, 17,
AND 18 OF THE SOUTH BEND MUNICIPAL CODE TO
INCLUDE NEW RULES, REGULATIONS, AND SERVICE
CHARGES FOR VARIOUS PERMITS AND REVIEWS IN
CONNECTION WITH STORMWATER CONTROL AND
CONSTRUCTION IN THE RIGHT-OF-WAY
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation as a 2nd substitute.
This bill was heard by the Utilities Committee.
Karen L. White
Chairperson, Committee of the Whole