§ 156.006 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESS POINT. A driveway or other means of physical connection for the movement of vehicles between a property and an adjacent property, street or road.

   ADJACENT PROPERTY OWNERS. The owners of property contiguous to the subject property, excluding those who are also the owners of the subject property, ignoring all intervening streams, street and railroad rights-of-way and other similar features.

   AGRICULTURAL PURPOSE. Farming, dairying, pasturing, agriculture, horticulture, floriculture, and animal and poultry husbandry.

   AGRICULTURAL REMAINDER. The portion of the parent tract that remains as the result of an administrative subdivision by which a new lot(s) for an existing home has been created. The building rights are transferred to the new administrative lot created, leaving the AGRICULTURAL REMAINDER unbuildable. The remainder does not have to be surveyed, but must have an agriculture affidavit.

   AGRICULTURAL TRACT. A tract created only through the agricultural subdivision process (possibly combined with an administrative or minor subdivision on the same property) only for agriculture purposes and is therefore unbuildable. The tract does not have to be surveyed, but must have an agriculture affidavit.

   ALLEY. A public or private way primarily designed to provide vehicle access to the side or rear of those properties which have their principal frontage and pedestrian access on a street.

   APPLICANT. See PETITIONER .

   APPROVAL, ADMINISTRATIVE. An approval granted to an administrative or agricultural subdivision by the Planning Director indicating that the subdivision complies with the applicable standards.

   APPROVAL, PRIMARY. An approval (or approval with conditions) granted to a subdivision by the Commission indicating that it has determined that the subdivision complies with the applicable standards.

   APPROVAL, SECONDARY. An approval by the official designated by the Commission indicating that all conditions of primary approval and other applicable standards have been met.

   BICYCLE AND PEDESTRIAN PLAN. The part of the comprehensive plan, now or hereafter adopted, which includes a roadmap for the creation of a system of bicycle and pedestrian facilities providing access to and connectivity between all areas of the City of Columbus and/or Bartholomew County.

   BLOCK. Property abutting on one side of a street, and lying between the two nearest intersecting or intercepting streets, or between the nearest intersection of intercepting street and railroad right-of-way, waterway or other definite barrier.

   BOARD. The Board of Public Works and Safety of Columbus, Indiana, for the City of Columbus jurisdiction and the Board of Commissioners of Bartholomew County for the Bartholomew County jurisdiction.

   BOARD OF HEALTH. The Indiana State Board of Health.

   CHORD BEARING. The bearing from the start point of the curve to the end point of the curve.

   CHORD DISTANCE. The distance of a line that links two points on a curve.

   CITY ENGINEER. The City of Columbus City Engineer.

   CITY. The City of Columbus, Indiana.

   CLOSURE. The process of measurement in a closed figure for a check on horizontal or vertical precision.

   COLUMBUS CITY UTILITIES. The Columbus City Sewer and Water Utilities Department primarily serving properties within the City of Columbus.

   COMMISSION. The Columbus Plan Commission or the Bartholomew County Plan Commission, with authority for the jurisdiction in which the subdivision is located.

   COMMON AREA. Land within a development which is not individually owned or dedicated to the public, but which is designed and intended for the use, enjoyment, and maintenance of the property owners within that development or other specific area.

   COMPREHENSIVE PLAN. A document, consistent with the requirements of the Indiana Code, which is a compilation of policy statements, goals and objectives, standards, maps, and statistical data for the physical, social, and economic development of the community.

   CONSTRUCTION PLANS. Also referred to as improvement plans. Any maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed for the subdivision in accordance with the applicable standards and as a condition of the approval of the plat.

   COST ESTIMATE. An exhibit in association with construction plans that provides a detailed cost estimate of the individual improvements as required for a major subdivision.

   COUNTY. Bartholomew County, Indiana.

   COUNTY ENGINEER. The Bartholomew County Highway Engineer.

   COUNTY SURVEYOR. The Bartholomew County Surveyor.

   COVENANT. A private agreement between property owners which places a restriction on the development of land through a written, recorded document.

   CUL-DE-SAC. A street or road with a single common ingress and egress and with a circular turnaround at the end.

   CURVE. A line or outline that gradually deviates from being straight for some or all of its length.

   DEPARTMENT. The City of Columbus - Bartholomew County Planning Department or any agency officially designated as a successor thereto.

   DRAINAGE BOARD. The Bartholomew County Drainage Board.

   DRAINAGE SWALE. A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion or other site feature.

   DRAINAGE SYSTEM. Any combination of surface and/or subsurface drainage components fulfilling the drainage requirements of this chapter.

   EASEMENT. A grant by a property owner, for the use by another person or entity, of any designated part of their property for a clearly specific purpose.

   EASEMENT, ACCESS. An easement which provides access to lots, tracts or parcels of land across an adjoining parcel or parcels.

   EASEMENT, DRAINAGE. An easement granted for the purpose of maintaining drainage. The DRAINAGE EASEMENT may include a culvert or drain which feeds into a drainage system or for drainage of runoff over an area of the property.

   EASEMENT, LANDSCAPE. An easement used specifically for the installation and maintenance of a required landscape buffer. See LANDSCAPE BUFFER .

   EASEMENT, PEDESTRIAN. An easement used specifically for the purpose of providing a public sidewalk or other pedestrian facility that could not be located in the public right-of-way.

   EASEMENT, STREET TREE. An easement used specifically for the installation and maintenance of required street trees that could not be planted in the public right-of-way due to substantial conflicts.

   EASEMENT, UTILITY. An easement used specifically for the installation and maintenance of a utility.

   ENGINEERING DEPARTMENT. The Columbus, Indiana, City Engineer's Office.

   EROSION. The wearing away of the land surface by the action of wind, water or gravity.

   EROSION CONTROL HANDBOOK. A handbook adopted by the Board of Public Works and Safety or the County Commissioners, as applicable, detailing erosion control methods.

   FIRE DEPARTMENT. The fire department having jurisdiction over the subject property and/or the Bartholomew County Fire Inspector acting on their behalf.

   FLOOD PROTECTION GRADE. The elevation of the regulatory flood plus two feet at any given location in the flood hazard area.

   FLOODPLAIN (FLOOD HAZARD AREA). The relatively flat area or low land adjoining the channel of a river or stream which has been or may be covered by the regulatory flood. The FLOODPLAIN includes the channel, floodway, and floodway fringe. FLOODPLAIN boundaries are to be determined by using the floodway-flood boundary maps of the Federal Insurance Administration/Federal Emergency Management Administration (FEMA) and/or any supplements adopted by the jurisdiction.

   FLOODWAY. The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.

   FLOODWAY FRINGE. Portions of the floodplain lying outside the floodway.

   FRONTAGE. The width of a lot measured along a straight line connecting the side lot lines at points where said side lot lines intersect the right-of-way line of a public or private street from which such lot has legal access. For purposes of determining compliance with minimum frontage requirements, the frontage shall be continuous on a single street.

   GRADING. Any stripping, cutting, filling, stockpiling or any combination thereof and shall include the land in its cut or filled condition.

   HEALTH DEPARTMENT. The Bartholomew County Health Department.

   IMPROVEMENT PLANS. See CONSTRUCTION PLANS.

   INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A sewage disposal system for a single parcel or structure, usually but not necessarily a septic tank filter field.

   INTERESTED PARTIES. Those parties who are to be notified by mail of a public hearing on a proposed subdivision of land. INTERESTED PARTIES shall be those parties so defined in the Plan Commission Rules of Procedure.

   JURISDICTION OF THE COMMISSION. The area over which the Plan Commission has authority.

   LANDSCAPE BUFFER. Any combination of fences, walls, hedges, shrubs, trees and other landscape materials which effectively provide a solid, dense and opaque mass, to prohibit view, absorb sound and provide site delineation. Such screen shall provide total opacity throughout the year. LANDSCAPE BUFFERS shall comply with the definition of a Type A Buffer contained in the Columbus and Bartholomew County Zoning Ordinance.

   LEGAL ACCESS. A platted access easement or the minimum required frontage on a street.

   LEGAL DESCRIPTION. A description recognized by law which definitely describes property by reference to government surveys, coordinate systems or recorded maps; a description which is sufficient to locate the property without oral testimony.

   LEGAL DRAIN. Any drainage system consisting of an open drain, a tiled drain, or any combination of the two, that is under the jurisdiction of the County Drainage Board as provided by I.C. 36-9-27.

   LEGEND. A key located on a plat used to explain what the symbols within the drawing mean.

   LOCATION MAP. See VICINITY MAP .

   LOT. A parcel of land created only through the major or minor subdivision process that is buildable. The label LOT signifies the parcel has been surveyed, monumented, dedicated the required amount of right-of-way, verified as having acceptable means of sewage disposal and otherwise reviewed and found to comply with the requirements of this chapter.

   LOT, ADMINISTRATIVE. A parcel of land documented only through the administrative subdivision process that is buildable. The label ADMINISTRATIVE LOT signifies the parcel has been surveyed, monumented, and otherwise reviewed and found to comply with the requirements of this chapter, but has not been verified as having acceptable means of sewage disposal or otherwise reviewed or had dedicated the required amount of right-of-way.

   LOT WIDTH. The distance between side lot lines as measured at and along the front setback line.

   MARKER or MONUMENT. A pipe, rod, nail, or any other object which is intended to be a permanent survey point for record purposes.

   NO ACCESS NOTATION. A notation placed on a plat or subdivision drawing indicating an area in which property access to a public right-of-way is not permitted.

   OFFSITE. Any premises not located within the area of the property to be subdivided, whether or not such premises are in the same ownership as the property to be subdivided.

   OWNER. Any person, firm, corporation, or other legal entity listed in the records of the County Auditor having title to land sought to be subdivided under these regulations.

   PARENT TRACT. The buildable land from which a new lot(s) or tract(s) of land are being taken from as recorded in the Recorder's Office.

   PARENT TRACT REMAINDER. The portion of the parent tract that remains as the result of a subdivision by which new lots or tracts are created through the minor subdivision process or as used to label future phases of a major subdivision. The PARENT TRACT REMAINDER retains the original parent tract's status as a buildable parcel without being surveyed. The label lot shall not be applied to the PARENT TRACT REMAINDER on any plat unless it has been surveyed, monumented, verified as having acceptable means of sewage disposal, and otherwise reviewed and found to comply with the requirements of this chapter to the same extent as new lots that are created. A PARENT TRACT REMAINDER does not need to be surveyed, but it must meet the minimum requirements of the Zoning Ordinance.

   PERSON. Includes an individual, corporation, firm, partnership, association, organization or any other unit or legal entity.

   PETITIONER. The owner(s) of land proposed to be subdivided or his/her representative. This includes potential future owners or developers. Surveyors, designers, or other professionals involved in the project should not be considered PETITIONERS .

   PLAT. The map, drawing, or plan of a subdivision.

   PLAT COMMITTEE. The PLAT COMMITTEE , appointed by the Plan Commission, consistent with its Rules of Procedure.

   PLAT, FINAL. A drawing prepared in accordance with the provisions of this chapter, submitted for secondary approval and intended for recording.

   PLAT, PRELIMINARY. A drawing indicating the proposed manner or layout of a subdivision to be submitted to the Commission for primary approval in accordance with this chapter.

   PRIMARY APPROVAL. Approval granted by the Plan Commission to a preliminary plat.

   RADIUS. The distance from the center of the curve to any point on the circular curve.

   REGULATED DRAIN. Any drainage system over which the County Drainage Board has legal control.

   RELATIVE POSITIONAL ACCURACY. The value expressed in feet or meters that represents the uncertainty due to random errors in measurements in the location of any point on a survey relative to any other point on the same survey at the 95% confidence level.

   REPLAT. Any change in an approved preliminary or final plat.

   RIGHT-OF-WAY. A strip of land, other than an easement, dedicated for public use and to be occupied or intended to be occupied by a street, pedestrian way, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, drainage swale, or for another special use. The boundaries of such rights-of-way are considered to be the lot lines of adjoining property from which setback distances are measured.

   ROAD. See STREET.

   SECONDARY APPROVAL. The final approval granted to a subdivision by the Commission or a designated representative. This approval authorizes the owner or agent to record the plat.

   SECTION CORNER. A corner established as part of the United States Public Land Survey System used for horizontal control in describing land.

   STREET. A right-of-way dedicated or otherwise legally established which affords the principal means of access to abutting property. A STREET may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive or other appropriate name. A STREET also is classified according to function as defined in the Official Thoroughfare Plan.

   STREET, MARGINAL ACCESS. Local roads which are parallel to and separated by a limited access landscape buffer strip from arterial streets and highways. These roads provide for access to abutting property on one side only. [Note: This definition shall not be interpreted as including marginal access subdivision streets in the jurisdiction of the Bartholomew County Plan Commission.]

   STREET, PRIVATE. Streets which serve the same function as local streets but which are not dedicated to nor maintained by any unit of government.

   SUBDIVIDER. See PETITIONER .

   SUBDIVISION. The division of a parcel of land into two or more lots, parcels, or other similar units.

   SUBDIVISION, ADMINISTRATIVE. The platting process that includes one or more of the following:

      (1)   The removal of interior lot lines, with the outside perimeter of the property remaining unchanged, resulting in fewer parcels than were contained in the original parcel;

      (2)   The removal or relocation of easements on the property;

      (3)   The changing of notations written on the plat or correction of errors thereon;

      (4)   A division of land pursuant to an allocation of land by court decree;

      (5)   To correct errors in an existing legal description, provided that no additional building lots are created;

      (6)   A division of land for the sale or exchange of tracts between adjoining land owners, provided that no additional building sites are created;

      (7)   A division or resubdivision of land for the acquisition by the public or by a utility for street right-of-way or easement; or

      (8)   A division of a building site containing an existing dwelling which has been located on the site for at least three years from an agricultural parent tract.

   SUBDIVISION, AGRICULTURAL. The subdivision of land to create a parcel for agricultural purposes, not for building, which meets the following criteria:

      (1)   All parcels, including the parent tract have legal access;

      (2)   The land is being divided for agricultural purpose and not for the purpose, whether immediate or future, of use, building development, or other improvement for residential, commercial, industrial, recreational or other nonagricultural purposes;

      (3)   Contains at least 75% Class I or Class II soils as shown in and defined by the Soil Survey of Bartholomew County;

      (4)   At least 75% of the land is planted with fruit-or-nut-bearing trees, vines, bushes or crops which have a nonbearing period of less than five years;

      (5)   At least 75% of the land is planted with ornamental plants or trees for sale for use in landscaping;

      (6)   Has at least 75% of its area planted with trees of the species, Pinus, Picea, or Abies (pine, spruce or fir) grown for the purpose of sale as Christmas trees; or

      (7)   Which has been used in three of the last five years for the cultivation and harvesting of crops, grazing by livestock, production of dairy products, the raising of poultry and production of eggs, or the raising of livestock.

   SUBDIVISION BENCHMARK. A permanent monument of known elevation, tied to the U.S.G.S. Benchmark System, installed at ground level.

   SUBDIVISION, MAJOR. A division of land involving new streets, alleys, roads, other public infrastructure or the extension of utilities. This should not include those minor subdivisions that require the installation of sidewalks.

   SUBDIVISION, MINOR. A division of land fronting an existing public right-of-way, not involving any new streets, alleys, roads, other public infrastructure (other than sidewalks), or not requiring the extension of utilities. [Note: To qualify as a minor subdivision the proposal must meet all of the conditions set forth in §§ 156.035 et seq.]

   SUBDIVISION IMPROVEMENT AGREEMENT. A document which establishes the contractual relationship between the developer of a subdivision and the local government of jurisdiction for the installation of improvements in accordance with the applicable standards and specifications.

   SUBDIVISION REVIEW COMMITTEE. A committee established by the Commission to assist with the technical evaluation of subdivisions and to make appropriate technical recommendations to the Commission.

   SUBSURFACE DRAINAGE. A system of pipes, tile, conduit or tubing installed beneath the ground surface used to collect ground water from individual parcels, lots or building footings.

   SURFACE DRAINAGE. A system by which the storm water run-off is conducted to an outlet. This would include the proper grading of parking lots, streets, driveways, yards, and the like, so that storm water runoff is removed without ponding and flows to a drainage swale, open ditch or a storm sewer.

   THOROUGHFARE PLAN. The part of the comprehensive plan, now or hereafter adopted, which includes a major street and highway plan and sets forth the location, alignment, dimensions, identification, and classification of existing and proposed public streets, highways and other thoroughfares.

   TRACT. See PARENT TRACT or AGRICULTURAL TRACT .

   UNBUILDABLE. A parcel of land with no building rights. To gain building rights, the parcel must be surveyed, verified as having acceptable means of sewage disposal, and otherwise reviewed and found to comply with the subdivision control requirements.

   UTILITY PARCEL. A parcel of land that is unbuildable and intended for ownership and permanent use by a utility. The label “Utility Parcel - Unbuildable” signifies a parcel specifically reserved for a sanitary sewer lift station, water tower, electric substation, and the like. This parcel can be created through the administrative subdivision process and/or as part of a minor or major subdivision.

   VICINITY MAP. A map showing the location of a subdivision in relation to a larger area. This may include major thoroughfares related to the subdivision, nearby community facilities such as parks, schools, fire stations, and the like, and adjoining property. This may also show the parent tract.

   WITNESS MARKER. A marker or monument that is set as a reference to the actual corner when it is not possible or practical to set actual corner.

   ZONING ORDINANCE. An ordinance and maps, which divide the area within the territorial zoning jurisdiction into zoning districts. The ZONING ORDINANCE prescribes and establishes regulations and procedures for the establishment of land use controls.

(Prior Code, § 8-27)

(Ord. 1986-7, passed 10-21-1986; Ord. 1987-01, passed 1-26-1987; Ord. 1990-01, passed 1-8-1990; Ord. 1994-02, passed 1-24-1994; Ord. 1998-11, passed 8-17-1998; Ord. 03, 2013, passed 10-21-2013; Ord. 4, 2021, passed 6-21-2021)