New Noblesville Ordinance Requires Right-of-Way Dedication Within 60 Days of Zoning Approval
The Noblesville Common Council recently adopted an amendment (Ordinance No. 41-9-09) to the City's Unified Development Ordinance that requires:
"All applications receiving final approval and/or adoption from the Board of Zoning Appeals, Plan Commission, and/or Council shall be required to dedicate all right-of-way for those streets as depicted on the adopted Thoroughfare Plan, as amended, for the City of Noblesville or Hamilton County by either a metes and bounds description and drawing or a plat prepared by a licensed engineer or surveyor, no later than sixty (60) days after the final approval or adoption by any or all of the above mentioned entities to be recorded in the Hamilton County Recorder's Office located in Noblesville, Hamilton, Indiana. Failure to dedicate the required right-of-way within sixty (60) days of the application approval/adoption shall result in said application approval/adoption being null and void. A recorded copy of the documents shall be submitted to the Department of Planning and Development."
At the City Council meeting, the City Staff indicated that the ordinance is intended to "acquire right-of-way in a quicker fashion and not force the City into the purchase of that right-of-way" prior to the commencement of any given project. The ordinance will apply to rezoning and planned development approvals as well. At this time, it is unclear whether the City will create any pre-recording review processes for dedication documents or whether a landowner or developer simply will need to record a deed and provide a copy to the City without City advance review and approval of the document and legal description.
The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.