(A) Application and interpretation.
(1) Whenever any words and 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 the words and phrases used herein, except when the context otherwise requires.
(2) For the purpose of these regulations, certain words and phrases used herein shall be interpreted as follows:
(a) The word
PERSON includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other legal entity.
(b) The masculine includes the feminine.
(c) The present tense includes the past and future tense, the singular number includes the plural.
(d) The word
SHALL is a mandatory requirement, the word MAY is a permissive requirement, and the word SHOULD is a preferred requirement.
(e) The words
USED or OCCUPIED include the words “intended, arranged, or designed to be used or occupied.”
(f) The word
LOT includes the words “plot,” “parcel,” and “tract.”
(B) Words and phrases defined. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. An official, having knowledge in the principles of subdividing, who is appointed by the Commission to administer this chapter. The Building Inspector shall serve as the administrator of these subdivision regulations.
APPLICANT. The owner of land proposed to be subdivided or a representative. 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 Board of County Commissioners.
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 Council. All bonds shall be approved by the Town 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 SITE. An area proposed or provided by grading, filling, excavating, 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 town government operating expenses, for the purchase, construction, or replacement of the physical assets for the community are included.
CARRYING CAPACITY. The design volume that can be transported by a sewerage, water or storm drainage line or the volume of sewerage the wastewater treatment plant was designed to treat. As related to street and road infrastructure, CARRYING CAPACITY shall mean service capacity which is the maximum volume of traffic that can be carried at a selected level of service upon any street or road whether off-site, adjacent or within a proposed subdivision.
CHANNEL. A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
COMMISSION. The Plan Commission, appointed in accordance with the appropriate planning enabling act.
COMMITTEE. A technical committee established by the Town Council to assist with the technical evaluation of subdivisions, and to make recommendations to the Commission. The membership of the Committee shall include, but not be limited to, persons that are engaged in either private or public work with specific knowledge in road design and construction; sewer and water facility design and construction; solid waste; health requirements for water and sewer facilities; recreation and open space; and environmental planning criteria related to geology, vegetation, noise and water systems.
COMPREHENSIVE 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 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 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-unit structure, together with an interest in the common land and building areas and tide underlying 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 Town Council.
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.
(a)
GROSS DENSITY. The number of dwelling units per acre of the total land to be developed, including public rights-of-way.
(b)
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 rights-of-way and other public sites.
DENSITY, HIGH. Any subdivision with a density greater than six 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, LOW. Any subdivision with a density less than two dwelling units per acre of gross land area.
DEVELOPER. The owner of land proposed to be subdivided, or a 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 a 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. The arrangement for the handling of instruments or money not to be delivered until specified conditions are met.
FLOOD (OR FLOODWATER). The temporary inundation of land adjacent to, and inundated by overflow from, a river, stream, lake or other body of water. IC 14-8-2-93 defines flood as “the water of a river, stream or lake in Indiana or upon or adjoining a boundary line of Indiana that is above the bank or outside the channel and banks of the river, stream or lake.” See state law 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 floodwater by means of dikes, levees, reservoirs, or other works approved by the Indiana 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 equalled or exceed 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 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 equalled 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.
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 1%.
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 roadway, sidewalk, curb, tree, lawn, off-street parking area, main, or other facility for which the local or state government may ultimately assume the responsibility for maintenance and/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. Jurisdiction of local government means all land within its 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 of Indiana to practice professional land surveying.
LEVEL OF SERVICE. The level of highway service is a qualitative measure which describes the operating conditions that occur on a given lane or roadway under various traffic volumes as defined by the Highway Capacity Manual, Highway Research Board, Washington, D.C. Special Report 87, 1965 as amended. Tables 5 and 6 in the appendix to this chapter shall be used to determine level of service.
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 chapter.
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 ordinance with reference to different types of lots is as follows:
(a)
CORNER LOT. A lot located at the intersection of two or more streets, the interior angle of such intersection not exceeding 135°.
(b)
INTERIOR LOT. A lot with only one frontage on a street.
(c)
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.
(d)
REVERSED 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.
MOBILE HOME. A structure designed as a dwelling unit for location on a permanent foundation, and containing sleeping accommodations, a toilet, a tub or shower bath, and kitchen facilities, including major appliances and furniture, with plumbing and electrical connections provided for attachment to outside systems; and designed to be transported, after fabrication, on its own wheels. The minimum length for such structure shall be not less than 50 feet excluding the hitching tongue.
MOBILE HOME PARK. An area of land upon which two or more mobile homes are harbored for the purpose of being occupied either free of charge or for revenue purposes; including any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park.
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.
OFF-SITE (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 sub-division 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 pre-determined 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.
PERFORMANCE BOND. An amount of money or other negotiable security paid by the subdivider or his surety to the Town Clerk, which guarantees that the subdivider will perform all actions required by the Town Council 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.
PLANNED UNIT DEVELOPMENT. A subdivision designed as a combination of residential, commercial, and/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 Administrator as to the form of the plat and the objectives of these regulations.
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.
PREMISES. One or more lots which are in the same ownership and are contiguous or separated only by a road or body of water, including all buildings, structures and improvements.
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 (REPLAT). A change in a map for an approved or recorded subdivision plat if the 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 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 a 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 chapter.
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 chapter 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 chapter.
STABLE FLOW. The service volume which is the maximum volume which can be carried at a selected level of service and is calculated based on the Average Daily Traffic (ADT) or Design Hour Volume (DHV) and using the Trip Generation Rates shown in Table 6 of the appendix to this chapter.
STANDARD SPECIFICATIONS. The specifications as provided in this chapter or as officially adopted by and for the town.
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 terms. The recommended usage is: HIGHWAY or STREET in urban areas; HIGHWAY or ROAD in rural areas.
(a)
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.
(b)
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.
1.
PRINCIPAL OR MAJOR. 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.
2.
MINOR. Links other cities, towns, 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 intra-community continuity in urban areas.
(c)
COLLECTOR. A system of streets and roads which generally serve travel of primarily intra-area and intra-county 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.
(d)
CUL-DE-SAC. A local street open at one end only and with a special provision for a vehicle turn-around.
(e)
DEAD-END. A local street open at one end only and without a special provision for a vehicle turn-around.
(f)
FRONTAGE OR SERVICE
ROAD. 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.)
(g)
HIGHWAY. A term applied to streets and roads that are usually under the jurisdiction of the Indiana State Highway Commission.
(h)
LOCAL. A system of streets and roads which primarily provides local access service and access to higher order systems.
(i)
LOOP. A local street with both terminal points on the same street of origin.
(j)
PARTIAL (HALF-STREET) ROAD. 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.
(k)
PERIMETER ROAD. Any existing street to which the parcel of land to be subdivided abuts on only one side.
(l)
PRIVATE ROAD. A local street that is not dedicated or accepted for public use or maintenance which provides vehicular and pedestrian access.
(m)
PUBLIC ROAD. 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, the subdivider 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 regulation shall not apply to the following:
(a) 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.
(b) A division of land into two or more tracts for an agricultural use.
(c) An allocation of land in the settlement of an estate or a court decree for the distribution of property.
(d) The unwilling sale of land as a result of legal condemnations as defined and allowed in the Indiana State Law.
(e) Widening of existing streets to conform to the Comprehensive Plan.
(f) The acquisition of street rights-of-way by a public agency in conformance with the Comprehensive Plan.
(g) 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 subdivision 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 local governmental facilities, or the creation of any public improvements.
SUBDIVISION, MINOR. Any subdivision containing not more than three lots fronting on an existing street, not including 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 for adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Thoroughfare Plan, Zoning Chapter, 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:
(a)
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.
(b)
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.
(c)
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.
THOROUGHFARE PLAN. A plan and maps established by the Town 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 Town Council as a continuous updating of the plan.
TOWN. The town, which has jurisdiction of the parcel of land under consideration.
TRAFFIC CONTROL DEVICES. All signs, signals, markings and devices placed or erected by authority of a Town Council or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
TRAVEL TRAILER. A vehicle or other portable structure less than 35 feet in length designed to move on the highway, not under its own power, and designed or used as a recreational dwelling.
UTILITIES. Installations for transmission of water, sewage, gas, electricity, telecom-munications, 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. 93-Z-03, passed 3-8-93; Am. Ord. 95-Z-01, passed 2-13-95)