For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. The person designated by the Planning Commission to enforce the zoning regulations. If no person is appointed to administer these subdivision regulations, the Administrator shall administer these regulations.
APPLICANT. The owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.
AREA OF CRITICAL CONCERN. A geographic area or site, regardless of its size, that is significantly affected by, or has a significant effect upon natural, man-made, historic or environmental resources, or is in limited supply and is of local, regional, statewide or national importance.
BLOCK. A tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
BOND. Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the town. All bonds shall be approved by the Town Board whenever a bond is required by these regulations.
BUILDING. Any structure having a roof supported by columns or walls for the housing or enclosure of persons or property of any kind.
BUILDING SITE. An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads or foundations for buildings.
CAPITAL IMPROVEMENTS PROGRAM. A proposed schedule of all future projects in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual Town Board’s operating expenses, for the purchase, construction, or replacement of the physical assets for the community are included.
CENTRAL SEWERAGE SYSTEM. A community sewer system including collection and treatment facilities established by the developer to serve a new subdivision in an outlying or generally rural area.
CENTRAL WATER SYSTEM. A private water company formed by a developer to serve a new community development in an outlying or generally rural area. It includes water treatment and distribution facilities.
CHANNEL. A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
CLASSIFICATION OF STREETS.
(1) For the purpose of providing for the development of the streets, highways, roads, and rights-of-way in the town, and for their future improvement, reconstruction, realignment, and necessary widening, including provision for curbs and sidewalks, each existing street, highway, road, and right-of-way, and those located on approved and filed plats, have been designated on the Thoroughfare Plan (Map) of the Town Board and classified therein. The classification of each street, highway, road, and right- of-way is based upon its location in the respective zoning districts of the town and its present and estimated future traffic volume and its relative importance and function as specified in the Comprehensive Plan (Master Plan) of the Town Board. The required improvements shall be measured as set forth for each street classification on the Thoroughfare Plan (Map).
(2) FUNCTIONAL CLASSIFICATION is defined as the process by which streets and roads are grouped into classes, or systems, according to the character of service they are intended to provide. FUNCTIONAL CLASSIFICATION can be applied in planning street and road system development, determining the jurisdictional responsibility for particular systems, and in fiscal planning. Three main classes are generally accepted under the functional classification scheme: arterials, collectors, and locals.
COMMISSION. The Albany Plan Commission, appointed by the Town Board, in accordance with the appropriate planning enabling act.
COMPREHENSIVE PLAN or MASTER PLAN. A document that herein may be referred to as a Comprehensive Plan, Comprehensive Development Plan, or Master Plan. It is a plan for development of the town, prepared and adopted by the Commission, pursuant to state law, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof. The document shall show the general location and extent of present and proposed development, including, but not limited to, housing, industrial and commercial uses, streets, parks, schools and other community facilities.
CONDOMINIUM. An estate consisting of an undivided interest in common and real property, in an interest or interests in real property, or in any combination thereof; together with a separate interest in real property, in an interest or interests in real property, or in any combination thereof.
CONSTRUCTION PLAN. The maps, drawings and textual descriptions accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Commission as a condition of the approval of the plat.
COUNTY RECORDER. The office of the County Recorder.
COVENANT. A written promise or pledge.
CULVERT. A drain that channels water under a bridge, street, or driveway.
DEDICATION. The setting apart of land or interests in land for use by the public by ordinance, resolution, or entry in the official minutes as by the recording of a plat.
DENSITY. A unit of measurement; the number of dwelling units per acre of land.
(1) CROSS DENSITY. The number of dwelling units per acre of the total land to be developed, including public right-of-way.
(2) NET DENSITY. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public right-of-way.
DENSITY, HIGH. Any subdivision with a density greater than six dwelling units per acre of gross land.
DENSITY, MEDIUM. Any subdivision with a density of two to six dwelling units per acre of gross land area.
DENSITY, LOW. Any subdivision with a density less than two dwelling units per acre of gross land area.
DEVELOPER. Authorized agent(s) of a subdivider or the subdivider himself. The developer may be the owner of land proposed to be subdivided or his representative, the subdivider.
DWELLING. A building or portion thereof designed or used exclusively for residential occupancy, including one-, two-, and multiple- dwelling units, home trailers, mobile homes, portable homes, hotels, motels, boarding and lodging houses, tourist courts or tourist homes.
DWELLING UNIT. A room or group of rooms designed and equipped exclusively for use as living quarters for only one family and its household employees, including provisions for living, sleeping, cooking, and eating. The term shall include mobile homes but shall not include house trailers or recreational vehicles.
EASEMENT. An authorization or grant by a property owner to specific person(s) or to the public to use land for specific purposes.
ENGINEER. Any person who is licensed in the State of Indiana to practice professional engineering.
ESCROW. A deposit of cash with the local government in lieu of an amount required and still in force on a performance or maintenance bond.
FLEXIBLE ZONING. Zoning which permits uses of land and density of buildings and structures different from those which are allowed as of right within the zoning district in which the land is situated. Flexible zoning applications shall include, but not be limited to, all special permits and special uses, group housing projects and planned unit development.
FLOOD or FLOODWATER. The temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake or other body of water. I.C. 13-2-22 as amended by Public Law 123, Acts of 1973, defines flood as “the water of any river or stream in the State of Indiana or upon or adjoining any boundary line of the State of Indiana, which is above the bank and/or outside the channel and banks of such river or stream; and also means the water of any lake which is above and outside the banks thereof”; see Indiana Code for additional definitions.
Editor’s Note:
The statute cited in this definition has been repealed. For purposes of flood control, “flood” is defined by I.C. 14-8-2-93. Additional definitions are contained in I.C. 14-8-2.
FLOOD CONTROL. The prevention of floods, the control, regulation, diversion or confinement of flood water or flood flow, and the protection therefrom, according to sound and accepted engineering practice, to minimize the extent of floods, and the death, damage and destruction caused thereby, and, all things incidental thereto or connected therewith.
FLOOD HAZARD AREA. A flood plain, or portion thereof, which has not been adequately protected from floodwater by means of dikes, levees, reservoirs, or other works approved by the Indiana Department of Natural Resources Commission.
FLOOD PLAIN. The relatively flat area or low land adjoining the channel of a river or stream which has been or may be covered by flood water. The flood plain includes the channel, floodway and floodway fringe.
FLOOD, REGULATORY or REGIONAL. A flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a hundred-year period, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission. The 100-year frequency flood is equivalent to a flood having a probability of occurrence of 1% in any given year (a flood magnitude which has a 1% chance of being equaled or exceeded in any given year).
FLOODWAY. The channel of a river or stream and those portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the flood water or flood flow of any river or stream. (See Appendix B, § 17 for FLOODWAY illustration.)
FLOODWAY FRINGE. Those portions of the flood hazard areas lying outside the floodway. See the State of Indiana Model Zoning Ordinance for Flood Hazard Areas for guidelines concerning zoning and management of these lands.
FRONTAGE. All of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
GRADE. The average level of the finished surface of the ground for buildings more than five feet from a street line, the grade is the sidewalk elevation at the center of the building. If there is more than one street, the average sidewalk elevation shall be used. If there is no sidewalk, the Administrative Officer shall establish the sidewalk grade.
HIGHWAY. See STREET.
IMPROVEMENT. Any alteration to the land or other physical constructions associated with subdivision and building site development.
IMPROVEMENT, LOT. Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Certain lot improvements shall be properly bonded as provided in these regulations.
IMPROVEMENT, PUBLIC. Any drainage ditch, roadway, sidewalk, tree, lawn, off-street parking area, lot improvement, or other facility for which the Town Board or state government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which Town Board or state government responsibility is established. All such improvements shall be properly bonded.
IMPROVEMENT, TEMPORARY. Improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device.
INFRASTRUCTURE. The fixed public works and facilities necessary in a community, such as sewers, water systems and streets.
JURISDICTION. Jurisdiction of the town means all land within its boundaries and any land outside its boundaries over which it is authorized to exercise powers under these regulations.
LAND. The earth, water and air, above, below or on the surface, and includes any improvements or structures customarily regarded as land.
LAND USE. The development existing on land.
LAND SURVEYOR. Any person who is licensed in the State of Indiana to practice professional land surveying.
LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, the open spaces and parking spaces required by this chapter, and having its principal frontage upon a public street or upon an officially approved private street. LOT includes the words “plot,” “parcel,” and “tract.”
LOT AREA. The area of any lot shall be determined exclusive of street, highway, alley, road, or other rights-of-way.
LOT TYPES. Terminology used in this chapter with reference to different types of lots is as follows:
(1) CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if tangent projections of the front lines drawn perpendicular at the side lot lines meet at an interior angle of less than 135 in front of the lot.
(2) INTERIOR LOT. A lot with only one frontage on a street.
(3) RESERVED FRONTAGE LOT. A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
(4) THROUGH LOT. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
MASTER PLAN. See COMPREHENSIVE PLAN.
MAY. Is a permissive requirement.
MOBILE HOME. A factory-fabricated dwelling unit built on a chassis and designed for transportation on public thoroughfares and also designed to be used for year-round living when connected to the required utilities. It shall exceed the dimensions of 8 feet or more wide and 30 feet or more long. A recreational vehicle is not to be considered a mobile home.
MOBILE HOME PARK. Any lot, parcel or tract of land used for the parking of two or more mobile homes.
MODEL HOME. A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision. Such dwelling units may be erected, at the discretion of the Planning Commission, by permitting a portion of a major subdivision involving no more than three lots to be created according to the procedures for minor subdivisions, as set in these regulations.
MONUMENT. Any permanent marker either of concrete, galvanized iron pipe, or iron or steel rods, used to identify any tract, parcel, lot or street lines.
NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial.
OCCUPIED. Includes the words “intended, arranged, or designed to be used or occupied.”
OFF-SITE. Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
OPEN SPACE. A public or private outdoor area expressly set aside for the use and benefit of many unrelated people.
ORDINANCE. Any legislative action, however denominated, of the town which has the force of law, including any amendment or repeal of any ordinance.
OWNER. Any person, firm, association, syndicate, partnership, corporation, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.
PERFORMANCE BOND. An amount of money or other negotiable security paid by the subdivider or his surety to the Clerk and Recorder which guarantees that the subdivider will perform all actions required by the Town Board regarding an approved plat, and provides that if the subdivider defaults and fails to comply with the provisions of an approved plat, the subdivider or his surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approved plat.
PERSON. Includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other legal entity.
PLANNED UNIT DEVELOPMENT. A subdivision designed as a combination of residential, commercial and industrial uses planned for a tract of land to be developed as a unit under single ownership or control, which is developed for the purpose of selling individual lots or estates, whether fronting on private or dedicated streets, which may include two or more principal buildings.
PLAT. The drawing, map, or plan of a subdivision or other tract of land or a replat of such including certifications, descriptions and approvals.
PLAT, FINAL. The final and formal presentation of the map, plan or record of a subdivision and any accompanying material, as described in these regulations.
PLAT, SKETCH. A sketch preparatory to the preparation of the final plat to enable the subdivider to save time and expense in reaching general agreement with the Commission as to the form of the plat and the objectives of these regulations.
RESERVE STRIP. A strip of land between a partial street and adjacent property, which is reserved or held in public ownership for future street extension or widening.
RESUBDIVISION (REPLAT). A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by transportation facilities, public utilities or other special public uses. Rights-of- way intended for any use involving maintenance by a public agency shall be dedicated to the public use by the marker of the plat on which such right-of-way is established.
RIGHT-OF-WAY WIDTH, STREET. The distance between property lines measured at right angles to the center line of the street.
ROAD. See STREET.
SALE or LEASE. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, interstate succession, or transfer, of an interest in a subdivision or part thereof, whether by deed, metes and bounds, contract, or other written instrument.
SAME OWNERSHIP. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated associations, in which a stockholder, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.
SCREENING. Any means of protecting an area of land from the adverse visual and audible effects of another area. The specific requirements for screening are set forth in Chapter 154.
SETBACK. The distance between a building and the nearest street right-of-way line or property line regardless of whether it is the front, side or rear of the building. It is an imaginary line established by the zoning regulations that requires all buildings to be set back a certain distance from property lines.
SETBACK, FRONT. The distance between a building and the street right-of-way line nearest thereto.
SHALL. Is a mandatory requirement.
SHOULD. Is a preferred requirement.
STANDARD SPECIFICATIONS. The specifications as specified in this chapter or as officially adopted by the town.
STATE. The State of Indiana.
STREET. A public right-of-way or a private street which affords the principal means of access to abutting property.
SUBDIVIDER. A subdivider shall be deemed to be the individual, firm, corporation, partnership, association, syndicate, trust or other legal entity that executes the application and initiates proceedings for the subdivision of land in accordance with the provisions of this chapter. The subdivider need not be the owner of the property; however, he shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner.
SUBDIVISION. Any land, vacant, or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, or interests for the purpose of offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions, including resubdivision. Subdivision includes the division or development of residential and nonresidential zoned land, whether by deed, metes and bounds description, or other recorded instrument. However, this chapter shall not apply to any of the following:
(1) An adjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width, depth, or building setback lines of each building site below the minimum zoning requirements, and does not change the original number of lots in any block of the recorded plat.
(2) An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property.
(3) The unwilling sale of land as a result of legal condemnation as defined and allowed in the Indiana State Law.
(4) Widening of existing streets to conform to the Comprehensive Plan.
(5) The acquisition of street rights-of-way by a public agency in conformance with the Comprehensive Plan.
(6) The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage.
SUBDIVISION. Any subdivision containing lots fronting on an existing street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Thoroughfare Plan, zoning regulations, or these regulations.
SUBDIVISION PLAT. The final map or drawing, described in these regulations, of which the subdivider’s plan of subdivision is presented to the Commission for approval and which, if approved, may be submitted to the County Clerk or Recorder for filing.
SUBDIVISION REGULATIONS or SUBDIVISION CONTROL ORDINANCE. An ordinance for ensuring the orderly development of land by requiring coordination of new public facilities with existing facilities; and providing standards for lot layout, street design, utilities and easements to assure compatibility with long-range Comprehensive Plan.
TERRAIN CLASSIFICATION. For purposes of these regulations and to guide the application of geometric design criteria, terrain has been classified as follows:
(1) LEVEL. That condition where street sight distances, as governed by both horizontal and vertical restrictions, are generally long or could be made to be so without construction difficulty or major expense.
(2) ROLLING. That condition where the natural slopes consistently rise above and fall below
the street grade line and where occasional steep slopes offer some restriction to normal street horizontal and vertical alinement.
THOROUGHFARE PLAN. A plan and maps established by the town, pursuant to law as a portion of the Comprehensive Plan, showing the location of streets and roads functionally classified into systems. Such a plan generally includes the location of public facilities, utilities and the desirable future infrastructure. The plan is approved, adopted and established by law and any amendments or additions, including those resulting from the approval and filing of subdivision plats, are adopted by the Town Board as a continuous updating of the plan.
TOWN ATTORNEY. An attorney licensed in the State of Indiana and designated by the governing body to furnish legal assistance for the administration of these regulations.
TRAFFIC CONTROL DEVICES. All signs, signals, markings and devices placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
USED. Includes the words “intended, arranged, or designed to be used or occupied.”
UTILITIES. Installations for transmission of water, sewage, gas, electricity, telecommunications and storm water; and similar facilities providing service to and used by the public.
VARIANCE. A modification of the strict terms of the relevant regulations of this chapter where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
VICINITY MAP. A small scale map showing the location of a tract of land in relation to a larger area.
ZONING ORDINANCE or ZONING REGULATIONS. A legal tool for accomplishing the objectives of a land use plan. It is an effective regulatory measure designed to encourage high standards of development and to foster the most efficient use of land.
(Ord. - -, passed - -80)