For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any pertinent word or term not a part of this listing but vital to the interpretation of this chapter shall be construed to have its usual legal meaning. Words used in the present tense include the future; the singular includes the plural and plural the singular. The word “used” includes “designed” or “intended” to be used. The word “shall” is a mandatory requirement, the word “may” is a permissive requirement and the word “should” is a preferred requirement.
ABUTTING PROPERTY OWNERS AND/OR INTERESTED PARTIES. Official owners of record as shown by the records of the County Auditor, whose property is contiguous to the subject property; any property which would touch at any point the subject property ignoring all rights-of-way, easements, alleys and the like.
ACCESS. The way over which traffic moves to or from a lot to a street, road or alley and the way over which traffic moves to or from an arterial street/road to a collector street/road or from a street or road to an alley.
ALLEY. A permanent public service right-of-way secondary access to the side or rear of those properties when principal frontage is on some other right-of-way and is not intended for general traffic.
AREA. The total area within the lot lines.
BLOCK. A tract of land bounded on all sides by roads, or a combination of roads and public parks, cemeteries, railroad rights-of-way and the like, or a combination thereof, whether partially or wholly occupied by buildings or containing only vacant lots.
BUILDING. A structure having a roof supported by columns or walls, used or intended to be used, for the shelter or enclosure of persons, animals or property.
BUILDING SETBACK LINES. The lines indicating the minimum distance between the right-of-way of any road or the centerline of any road and the foundation of any building nearest the right-of-way or centerline of any road as specified herein.
COMPREHENSIVE PLAN. The complete plan or any of its parts for the development of the county, prepared by the Plan Commission and adopted in accordance with I.C. 36-7-4-101 et seq., as amended.
CUL-DE-SAC. A local road right-of-way with only one outlet having an appropriate terminal for the safe and convenient reversal of traffic movement.
EASEMENT. An authorization or grant by a property owner to specific persons or to the public to use land for specific purposes.
EXECUTIVE DIRECTOR. Executive Director of the Plan Commission.
FINAL APPROVAL. Approval insuring that the plat reflects all terms, conditions and commitments given by the subdivider or required by the Plan Commission at the hearing for preliminary approval and that the plat complies with this chapter.
FLOOD HAZARD AREA. Any floodplain, floodway, floodway fringe district or combination thereof, as more particularly shown on the flood insurance rate maps for the county.
FLOODPLAIN. 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, as more particularly defined in Chapter 153 (the floodplain ordinance of the county).
INFRASTRUCTURE IMPROVEMENTS. The installation of storm sewers, sanitary sewers, water supply lines, streets, curbs, gutters, gas lines, electrical lines, telecommunication lines, water lines, sidewalks and other related utility services.
LEGISLATIVE BODY. The Board of County Commissioners.
LOCATION MAP. A small inset map showing the location of a tract of land in relation to a larger area.
LOT. The tract of land within a subdivision marked by the subdivider on the plat as a numbered, lettered or other identified tract of land to be offered for sale, lease, dedication or development, which is an identifiable parcel of land having frontage on a public road, or right-of-way. This tract or parcel of land must be of sufficient size to meet the minimum zoning requirement for use and area and to provide such yards and other open spaces as are herein required.
(1) CORNER LOT. A lot situated at the intersection of two or more roads.
(2) DOUBLE FRONTAGE LOTS or THROUGH LOT. A lot other than a corner lot with frontage on more than one road or through lots abutting two roads.
(3) INTERIOR LOTS. A lot other than a corner or double frontage lot.
PLAN COMMISSION or COMMISSION. The Clark County Plan Commission.
PLAT. A map, drawing or chart upon which the subdivider’s plan of the subdivision is presented and which he or she submits for approval and intends to record in the final form.
PLAT COMMITTEE. A body appointed by the Plan Commission to approve plats and replats.
PRELIMINARY APPROVAL. Approval (or approval with conditions imposed) granted to a subdivision by the Plan Commission after having determined in a public hearing that the proposed subdivision complies with this chapter.
REGULATORY FLOOD. The flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a 100-year period. This flood is equivalent to a flood having a probability of occurrence of 1% in any given year.
REPLAT. A change in a recorded subdivision plat if such change affects any road layout on such plat, any area reserved thereon for public use, or any lot line including the division of any lot by plat or otherwise that creates an additional building site on any lot located within a previously approved subdivision plat.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by transportation facilities, public utilities or other 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 such right-of-way is established.
SIGHT DISTANCE TRIANGLE. The triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three and 12 feet above established grade, determined by a diagonal line connecting two points measured at least 15 feet equidistant from the street corner along each property line; provided, however, greater distance may be required to meet American Association of State Highway and Transportation Officials (AASHTO) standards due to the prevailing speed and traffic control at the intersection.
STREET or ROAD. A thoroughfare within the right-of-way that carries traffic between land use activities and/or provides access to abutting properties. The designation of roads by type of use or function is defined by the functional classification of the Federal Highway Administration and Indiana Department of Transportation, unless otherwise defined by future county ordinance or amendment of this chapter. A ROAD may be designated an avenue, boulevard, drive, highway, lane, parkway, place, street, court or appropriate name. ROADS are identified according to type of use or function, as follows.
(1) MAJOR ARTERIALS. Include interstates, freeways/expressways and principal arterials. The National Highway System of 155,000 miles includes the nation’s most important rural principal arterials in addition to interstates.
(a) INTERSTATES/FREEWAYS/ EXPRESSWAYS. Freeways and expressways are the highest category of arterial streets and serve the major portion of the through-traffic entering and leaving the metropolitan area (i.e., inter-urban traffic). These roadways carry the longest trips at the highest speeds, and are designed to carry the highest volumes. In metropolitan areas, intra-urban traffic (such as between the central business district and outlying residential areas and between major inner-city communities or major urban centers) may also be served by streets of this class. INTERSTATES are fully-controlled access facilities that are grade-separated from other roads and railroads, such as Interstate 65. All roadways that are on the nation’s interstate system of approximately 45,000 miles are fully grade-separated with full access control. FREEWAYS are non-interstate, fully-controlled access facilities that are also grade-separated from all intersecting transportation facilities. EXPRESSWAYS are partially-controlled access facilities that may have occasional at-grade intersections.
(b) PRINCIPAL ARTERIALS. Principal arterials (sometimes termed OTHER PRINCIPAL ARTERIALS under the federal functional classification system) are the highest category of arterial streets without grade separation. This functional class complements the freeway/expressway system in serving through-traffic entering and leaving the metropolitan area. Within the metropolitan area, major intraurban trips are served between the central business district and suburbs, and between major suburban activity centers. Although PRINCIPAL ARTERIALS may lack access control, some level of access control is highly desirable such as the minimum spacing of intersections with public roads and the control of driveway entrances. For PRINCIPAL ARTERIALS, maintaining traffic-carrying capacity for through-traffic is more important than providing access to abutting property.
(2) MINOR ARTERIALS. The lowest category of arterial streets, serve trips of moderate length and offer a lower level of mobility than principal arterials. This class augments the major arterials, distributing traffic to smaller geographic areas, and linking cities and towns to form an integrated network providing interstate highway and inter-county service. MINOR ARTERIALS also provide urban connections to rural collectors.
(3) COLLECTOR STREETS. Collector streets serve as the link between local streets and the arterial system. COLLECTOR STREETS provide both access and traffic circulation within residential, commercial and industrial areas. Moderate to low traffic volumes are characteristic of these streets. In rural areas, the major collectors provide service to county seats, larger towns (2,500 or more persons) and other major traffic generators that are not served by arterials. These roads serve the most important intra-county corridors. Minor collectors link local roads in rural areas and serve the smallest rural communities (fewer than 2,500 persons).
(4) LOCAL STREETS. Local streets are composed of all streets not designated as collectors or arterials. Primarily serving abutting properties, local streets provide the lowest level of mobility and, therefore, exhibit the lowest traffic volumes. Through-traffic on local streets is deliberately discouraged. This class of street is not part of any town or county thoroughfare network, and is not eligible for federal aid with the exception of bridges and bikeway/walkway facilities.
(5) PRIVATE ROAD. A private road is a local street that is not dedicated or accepted for public use or maintenance, which provides vehicle and pedestrian access, and for which long-term maintenance responsibility has been explicitly defined before such roadways are built.
SUBDIVIDER. The person or persons who own all or any part of the real estate included within the plat at the time of the final approval of said plat.
SUBDIVISION.
(1) The division of any land into two or more lots or parcels. A plat prepared by a licensed professional land surveyor and approved by the Plan Commission is required for all SUBDIVISIONS. The two types of SUBDIVISIONS provided for under this chapter are defined as follows.
(a) MAJOR SUBDIVISION. Subdivision not classified as minor subdivisions including, but not limited to, subdivision of seven or more lots, or any size subdivision requiring any new road or extension of public facilities, or the creation of any public improvements.
(b) MINOR SUBDIVISION. Any subdivision containing not more than six lots. These lots are fronting on, or having access to, an existing road; not including creating any new public road, or the extension of public facilities, or the creation of any public improvement; but allowing the dedication of additional rights-of-way or easements for public roads and public facilities. Only one MINOR SUBDIVISION shall be permitted on any tract or contiguous tracts of land under the same ownership and existing on January 1, 2008.
(2) A subdivision of land which shall never create a building site or sites is not subject to the minimum lot size requirements of the zoning ordinance.
(3) Exemptions: the following subdivisions of land are exempt from the provisions of this chapter; however, all splits of land shall comply with § 156.03:
(a) An adjustment of lot lines as shown on a recorded plat or adjoiners with metes and bounds descriptions 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 building lots in any block of the recorded plat or the metes and bounds areas involved;
(b) A division of land: for the purpose of single-family or agricultural use; which does not involve any new public roads, public drainage easements or other new public improvements; and which creates new lot(s) and a remaining tract which are a minimum of five acres each and which meet all other requirements of the County Zoning Code (Chapter 156);
(c) An allocation of land in settlement of an estate, a court decree for the distribution of property or a foreclosure decree wherein a financial institution is plaintiff and a Sheriff’s deed is recorded;
(d) The willing or unwilling transfer of land as a result of legal condemnation or threat thereof as defined and allowed by federal or state law;
(e) The acquisition of street rights-of-way by a public agency;
(f) The sale, exchange or transfer of land between adjoining property owners which does not result in the change of the present land usage or create an additional building site;
(g) The division of land to correct errors in an existing legal description provided that no additional building sites are created by the division;
(h) A division of land for the establishment of condominiums as defined and regulated by I.C. 32-25 et seq. as amended; and
(i) A division of land: for the purpose of single-family or agricultural use; which does not involve any new public road, public drainage easement or other new public improvement; and which creates a new lot and a remaining tract which are a minimum of 40,000 square feet each and which meet all other requirements of the zoning ordinance (Chapter 156). Only one such division per calendar year shall be permitted on any tract or contiguous tracts of land under the same ownership and existing on January 1, 2008.
SUBDIVISION MAINTENANCE BOND. A surety bond issued by an insurance company authorized by the state to do business in the state, an irrevocable letter of credit by a bank licensed to do business m the state (with an expiration date of two years and three months from the date of issuance or until three months after primary buildings have been completed on at least 80% of all lots shown on the recorded plat, whichever date is earlier) or a cash deposit in an amount equal to 20% of the initial construction cost of the subdivision. Said MAINTENANCE BOND shall be provided on a form satisfactory to the County Engineer.
SUBDIVISION REVIEW COMMITTEE. A technical review committee established by the Plan Commission which may be appointed by the Plan Commission to assist with the technical evaluation of subdivisions.
(Ord. 18-2007, passed 12-18-2007; Ord. passed 6-12-2008; Ord. passed 9-18-2008; Ord. 10-2011, passed 5-26-2011)