For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Whenever any words or phrases within this chapter are not defined but are defined in the zoning code, the definitions utilized in the zoning code shall apply. Whenever any words or phrases used herein are not defined but are defined in the state laws regulating the creation and function of various planning agencies, any such definition therein shall be deemed to apply to such words and phrases used herein, except when the context otherwise requires.
ALLEY. See STREET.
APPLICANT. The owner of land proposed to be subdivided or his representative. Written consent shall be required from the legal owner of the premises.
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.
BOARD. The Plan Commission Board.
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 City Council. All bonds shall be approved by the City Council whenever a bond is required by these regulations.
BUILDING. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind, and includes any structure.
BUILDING COMMISSIONER. The City Building Commissioner.
BUILDING SITE. An area proposed or provided and improved by grading, filling, excavation, or other means for erecting pads, slabs, or foundations for buildings.
CAPITAL IMPROVEMENTS PROGRAM. A schedule of all proposed public improvement 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 local government's operating expenses, for the purchase, construction, or replacement of the physical assets for the community are included.
CHANNEL. A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
CITY. The city having jurisdiction of the parcel of land under consideration.
COMMISSION. The Plan Commission, appointed in accordance with the appropriate planning enabling act.
COMPREHENSIVE PLAN or MASTER PLAN.
A plan for the physical development of the community, prepared and adopted by the Commission, pursuant to state law, and including any part of the plan separately adopted and any amendment to the plan, or parts thereof. The document shall show the general location and extent of present and proposed physical development, including, but not limited to, housing, industrial and commercial uses, streets, parks, schools, and other community facilities.
CONDOMINIUM. The individual ownership of a single unit of a multi-structure, together with an interest in the common land and building areas and the underlaying land.
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 enumerated in this chapter as a condition of the approval of the plat.
COUNCIL. The City Council of the City of Bedford.
COUNTY COMMISSIONERS. The County Commissioners of Lawrence County.
COVENANT. A private legal restriction on the use of land contained in the deed to the property and otherwise formally recorded.
CULVERT. A drain pipe 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.
DENSITY, GROSS. The number of dwelling units per acre of the total land to be developed, including public rights-of-way.
DENSITY, HIGH. Any subdivision with a density greater than 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.
DENSITY, MEDIUM. Any subdivision with a density of two to six dwelling units per acre of gross land area.
DENSITY, NET. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public rights-of- way and other public sites.
DEVELOPER. The owner of land proposed to be subdivided, or his representative. Consent shall be required from the legal owner of the premises.
DWELLING. A fixed structure or building, containing one or more dwelling units.
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 travel trailers or recreational vehicles.
EASEMENT. An authorization or grant by a property owner to specific person or persons or to the public to use land for specific purposes.
ENGINEER. Any person who is licensed in the state to practice professional engineering.
ESCROW. The arrangement for the handling of instruments or money not to be delivered until specified conditions are met.
FLOOD or FLOOD WATER. The temporary inundation of land adjacent to, and inundated by overflow from, a river, stream, lake, or other body of water. I.C. 14-8-2-93 defines flood as “the water of any river, stream or lake in 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 I.C. 14-8-2 for additional definitions.
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 flood water by means of dikes, levees, reservoirs, or other works approved by the State 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 100-year period, as calculated by a method and procedure which is acceptable to and approved by the State Natural Resources Commission. The 100-year frequency flood is equivalent to a flood having a probability of occurrence of l% in any given year (a flood magnitude which has a l% 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.
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. The length along the street right-of-way line of a single lot, tract, or development area between the side lot lines of the property. It is that side of a lot abutting a street and ordinarily regarded as the front of the lot.
GRADE. The slope of a road, street, or other public way, specified in terms of percentage. Example: One foot of rise in 100 feet would be l%.
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 the 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, main, or other facility for which the local or state government may ultimately assume the responsibility for maintenance or operation, or which may affect an improvement for which local 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 which may become permanent 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 designed for use in a limited area.
INFRASTRUCTURE. The fixed public works and facilities necessary in a community, such as sewers, water systems, and streets.
JURISDICTION. The planning jurisdiction of the city which includes all land within its corporate boundaries and any land outside its boundaries over which it is authorized to exercise powers under state planning legislation.
LAND. The earth, water, and air above, below, or on the surface, including any improvements or structures customarily regarded as land.
LAND SURVEYOR. Any person who is licensed in the state to practice professional land surveying.
LOT. A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development. The lot shall be of suitable size as required in this chapter and the existing zoning code. The word LOT includes the words plot, parcel, and tract.
LOT AREA. The area of the horizontal plane of the lot bounded by the vertical planes of the front, side, and rear lot lines.
LOT TYPES. Terminology used in this chapter with reference to different types of lots is as follows.
(1) LOT, CORNER. A lot located at the intersection of two or more streets, the interior angle of the intersection not exceeding 135°.
(2) LOT, INTERIOR. A lot with only one frontage on a street.
(3) LOT, REVERSED FRONTAGE.
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) LOT, THROUGH. 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.
MODEL HOME. A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision.
MONUMENT. Any permanent marker either of stone, concrete, galvanized iron pipe, or iron or steel rods, used to identify the boundary lines of any tract, parcel, lot, or street lines.
OCCUPIED or USED. Includes the words intended, arranged, or designed to be used or occupied.
OFF-SITE or OFF-PREMISES. Any premises or structure 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 the public.
OUTLOT. Property shown on a subdivision plat within the boundaries of the land which is to be developed but which is to be excluded from the development of the subdivision because of its potential use as a street extension or other public purpose. If after a predetermined period of time the proposed use does not appear feasible, the lot may be released from its excluded status and made available for private development, consistent with surrounding development.
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.
PACKAGE SEWERAGE SYSTEM. A sewerage system including collection and treatment facilities established by the developer to serve a new subdivision or development in an outlying or generally rural area.
PARCEL. See LOT.
PERFORMANCE BOND. An amount of money or other negotiable security paid by the subdivider or his surety to the Clerk-Treasurer which guarantees that the subdivider will perform all actions required by the Board of Public Works and Safety 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.
PLAN DIRECTOR. The City Plan Director who, having knowledge in the principles of subdividing, is appointed to administer this chapter.
PLANNED UNIT DEVELOPMENT (PUD). A subdivision designed as a combination of residential, commercial, or 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, PRELIMINARY. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Commission for approval.
PLAT, SKETCH. An informal sketch preparatory to the preparation of the preliminary plat, or final plat in the case of minor subdivisions, to enable the subdivider to save time and expense in reaching general agreement with the Plan Director as to the form of the plat and the objectives of these regulations.
PLOT. See LOT.
PREMISES. One or more lots which are in the same ownership and are contiguous or separated only by a road or water body, including all buildings, structures, and improvements.
PRIVATE WATER SYSTEM. A water system formed by a developer to serve a new community development in an outlying or generally rural area. It includes water treatment and distribution facilities.
RECREATIONAL VEHICLE (RV). A vehicle primarily designed as temporary living quarters for recreation, camping, or travel, either with its own motor power or mounted on or towed by another powered vehicle.
RESERVE STRIP. A strip of land between a partial street and adjacent property, which is reserved or held in public ownership for future street widening.
RESUBDIVISION or REPLAT. A change in a map for an approved or recorded subdivision plat if the change affects any street layout on the map or area reserved thereon for public use, or any lot line; or if it affects any map or plat 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 maker of the plat on which the 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 the zoning code.
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 code 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 as established by the zoning code.
STANDARD SPECIFICATIONS. The specifications as provided in this chapter or as officially adopted by and for the city.
STREET. A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way. The term STREET also includes the terms highway, parkway, road, thoroughfare, avenue, boulevard, lane, court, place, and other such terms. The recommended usage is highway or street in urban areas, and highway or road in rural areas.
(1) ALLEY. A street intended to provide secondary access to the rear or side of lots or to buildings in urban areas and not intended for the purpose of through vehicular traffic.
(2) ARTERIAL. A system of streets and roads which form an integrated network of continuous routes primarily for through traffic. The arterial system is stratified into principal (or major) and minor categories.
(a) Principal. Serves corridor traffic movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel, or connects major population centers in rural areas or serves major centers of activity and highest traffic volume corridors with the longest trip desires in urban areas.
(b) Minor. Links other cities, town, and traffic generators, and provides a substantial amount of interstate and intercounty service in rural areas; or interconnects and augments with the principal arterials to provide service to trips of moderate length for intracommunity continuity in urban areas.
(3) COLLECTOR. A system of streets and roads which generally serve travel of primarily intra-area and intracounty importance with approximately equal emphasis to traffic circulation and land access service. The collector system is generally further stratified into major and minor categories. The system collects and distributes traffic between the arterial and local systems.
(4) CUL-DE-SAC. A local street open at one end only and with a special provision for a vehicle turn- around.
(5) DEAD-END. A local street open at one end only and without a special provision for a vehicle turn- around.
(6) FRONTAGE. A local street or road auxiliary and parallel to an arterial for service to abutting property and adjacent areas, and for control of access. Sometimes also called a marginal access street.
(7) HIGHWAY. A term applied to streets and roads that are usually under the jurisdiction of the State Highway Commission.
(8) LOCAL. A system of streets and roads which primarily provides local access service and access to high order systems.
(9) LOOP. A local street with both terminal points on the same street of origin.
(10) PARTIAL or HALF-STREET. A dedicated right-of-way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land. Used only when half of the street exists.
(11) PERIMETER. Any existing street to which the parcel of land to be subdivided abuts on only one side.
(12) PRIVATE. A local street that is not dedicated or accepted for public use or maintenance which provides vehicular and pedestrian access.
(13) PUBLIC. A street under the control of and kept by the public, established by regular governmental proceedings for the purpose, or dedicated by the owner of the land and accepted by the proper authorities and for the maintenance of which they are responsible.
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 may 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 regulation shall not apply to 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) A division of land into two or more tracts for an agricultural use.
(3) An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property.
(4) The unwilling sale of land as a result of legal condemnations as defined and allowed in state law.
(5) Widening of existing streets to conform to the comprehensive plan.
(6) The acquisition of street rights-of-way by a public agency in conformance with the comprehensive plan.
(7) The exchange of land for the purpose of straightening property boundary lines which does not result in the change of the present land usage.
SUBDIVISION, MAJOR. All subdivisions not classified as minor subdivisions, including, but not limited to, subdivisions of four or more lots, or any size subdivision requiring any new street or extension of the city facilities, or the creation of any public improvements.
SUBDIVISION, MINOR. Any subdivision containing not more than three 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 code, or these regulations.
SUBDIVISION PLAT. The final map or drawing, described in these regulations, on which the subdivider's plan of subdivision is presented to the Commission for approval and which, if approved, may be submitted to the County Recorder for filing.
TERRAIN CLASSIFICATION. For purposes of these regulations and to guide the application of geometric design criteria, terrain has been classified as follows.
(1) HILLY. That condition where longitudinal and transverse changes in the elevation of the ground, with respect to a street, are abrupt and where the roadbed is obtained by fragment benching or side hill excavation.
(2) LEVEL. That condition where street sight distances, as governed by both horizontal and vertical restrictions, are generally long or would be made to be so without construction difficulty or major expense.
(3) 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 horizontal and vertical street alignment.
THOROUGHFARE PLAN. A plan and maps established by the City Council pursuant to law as a portion of the comprehensive plan, showing the location of streets and roads functionally classified public facilities, utilities and desirable future infrastructure. The plan is approved, adopted, and established by law and any amendments or additions, including those resulting from the filing and approval of subdivision plats, are adopted by the City Council as a continuous updating of the plan.
TRACT. See LOT.
TRAFFIC-CONTROL DEVICES. All signs, signals, markings, and devices placed or erected by authority of the City Council or County Commissioners, whichever having jurisdiction for the purpose of regulating, warning, or guiding traffic.
USED. See 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 the 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 inset map showing the location of a tract of land in relation to a larger area.
(Ord. 29-1984, passed 8-14-84)