For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS DRIVE. A strip of land not less than 30 feet in width designed to connect one, two, or three lots with a street, thereby providing equal access to each lot. (See SUBDIVISION also.)
ALLEY. A permanent public service way or right-of-way, dedicated to public use, other than a street, place, road, crosswalk or easement, designed to provide a secondary means of access for the special accommodation of abutting property.
AREA COMPREHENSIVE PLAN. A composite of all materials prepared and approved under the 500 series of IC 36-7-4 or under prior law. It includes a master plan adopted under any prior law.
BLOCK. A unit of property entirely surrounded by public highways, streets, railroad rights-of-way, waterways, or other barriers, or a combination thereof.
BLOCK FRONTAGE. Property abutting on one side of a street, and lying between the two nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting street and railroad right-of-way, waterway, or other definite barrier.
BOARD OF COMMISSIONERS. The Board of Commissioners of Fayette County.
BOARD OF WORKS. The Board of Public Works and Safety of Connersville, Indiana.
BUILDING SETBACK LINE - BUILDING LINE. The line nearest the front or side of and across a lot establishing the minimum yard to be provided between the principal building or structure and the lot line.
CITY. The City of Connersville, Indiana.
CITY COUNCIL. The City Council of Connersville, Indiana.
COMMISSION or PLAN COMMISSION. The Fayette County Area Plan Commission.
COUNTY. Fayette County, Indiana.
CUL-DE-SAC (COURT OF DEAD-END STREET). A short residential street having one end open to traffic and being permanently terminated by a vehicle turnaround.
EASEMENT. A grant by the property owner of the use of a strip of land by the public or a person for specified purposes.
HEALTH OFFICER. The Fayette County Sanitarian.
IMPROVEMENTS. Any sanitary sewer, storm sewer, drainage ditch, water main, roadway, parkway strip, sidewalk, planting strip, cross walkway, off- street parking areas, or other facility for which the city or the county, if the improvements are located beyond the corporate limits of the city, may ultimately assume the responsibility for maintenance and operation.
JURISDICTION OF THE COMMISSION. The jurisdiction of the Fayette County Area Plan Commission, which includes all of the area over which this chapter is effective: specifically, the city and all of the unincorporated territory in Fayette County.
LOT. A portion of a subdivision, or other parcel of land intended as a unit for transfer of ownership or development.
PERSON. A corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.
PLACE. An open, unoccupied, officially designated space, other than a street or alley, permanently reserved for use as the principal means of access to abutting property.
PLAN COMMISSION STAFF. The staff of the Fayette County Area Plan Commission, specifically, the Executive Director, and any other persons employed by the Area Plan Commission, under the supervision of the Executive Director who have regular duties in the Area Plan Commission Office.
PLAT. A map or chart indicating the subdivision or resubdivision of land intended to be filed for record. Also, PLAT OF A SUBDIVISION or PLAT OF THE SUBDIVISION.
PRIMARY APPROVAL. An approval that may be granted by the Plan Commission and signed and certified by the President of the Plan Commission on a plat of a subdivision in which the procedures, standards of improvement, and conditions have been met by the applicant as required by this chapter. A primary approval is a final decision of the Plan Commission inasmuch as it may be reviewed by the courts.
REPLAT. A subdivision or plat, the site of which has heretofore been platted or subdivided with lots or parcels of land, previous subdivision or plat.
SECONDARY APPROVAL. An approval that may be granted by the Plan Commission and signed and certified by the President of the Plan Commission on a plat of a subdivision which the Plan Commission has already given its primary approval before it can be filed with the County Auditor and recorded by the County Recorder and the improvements and installations have been completed as required by this chapter; or, if the improvements and installations have not been completed as required, the applicant therefor has provided a bond or other proof of financial responsibility in accordance with the requirements of the Area Subdivision Control Code.
STREET. A right-of-way, other than an alley, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property, thoroughfare, parkway, boulevard, road, avenue, lane, drive or other appropriate name.
STREET, ARTERIAL. A street (or road) designated for large volumes of traffic movement. Certain arterial streets may be classed as limited access highways to which entrances and exits are provided only at controlled intersections and access is denied to abutting properties. Also MAJOR STREET.
STREET, FEEDER. A street (or road) planned to facilitate the collection of traffic from residential streets and to provide circulation within neighborhood areas and convenient ways for traffic to reach arterial streets.
STREET, RESIDENTIAL. A street designated primarily to provide access to abutting properties, usually residential. Certain residential streets may be marginal access streets parallel to arterial streets, which provide access to abutting property and ways for traffic to reach access points on arterial streets. Also LOCAL STREET.
SUBDIVIDER. Any person responsibly engaged in developing or improving a tract of land which complies with the definition of a subdivision as defined in this chapter.
SUBDIVISION.
(1) The division of any parcel of land, separately described in a deed on record in the Office of the County Recorder, into two or more contiguous parcels, sites, or lots fronting on an existing street and each of which comprises less than ten acres in area, for the purpose of immediate or future transfer of ownership; provided, that the division of a single parcel of land from another parcel of land once during one calendar year shall not constitute a subdivision, unless the remaining parcel caused by such division has less than ten acres in area;
(2) Whenever a new street or streets are included to provide access to lots which are laid out for the purpose of immediate or future transfer of ownership, but which do not front on an existing street, such interior lots shall be considered as parts of the subdivision, even though they may equal ten or more acres in area;
(3) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the subdivision and allocation of land as streets or other open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage, or other public utilities and facilities;
(4) In an Agriculture District shown on the Zone Map, the improvement of one, two or three parcels of land not adjoining another subdivision and each having not less than three acres in area with a rectangular or near rectangular configuration with a depth of not more than two and one-half times the minimum lot width of 300 feet, and an access drive of at least 30 feet in uniform width, except where topographical features, drainage ways, or structures necessitate additional width, and extending from a street to each of the parcels, provided that each owner of each lot shall have one-third, one-half, or full interest, as the case may be, in fee simple of the entire access drive, and provided further that none of the area contained in the access drive shall be counted toward the minimum three-acre area requirement for the parcel(s). The purpose of this division is to provide for limited subdivision of land in areas distant from the existing frontal street which are unsuitable for farming because they contain woods, sand ridges, or unusual topography but which are suitable for residential development.
NOTE: See Figure 3 (§ 152.13) for Typical Subdivision of Land for one, two, and three Lot Subdivisions set forth in division (4) hereof.
(5) Exempted divisions set forth below. These divisions are exempt from most of the requirements of this chapter:
(a) A division of land into two or more tracts of which all tracts are at least ten acres in area;
(b) A division of land for the transfer of a tract or tracts to correct errors in an existing legal description, provided that no additional building sites other than for accessory buildings are created by the division;
(c) A division of land pursuant to an allocation of land in the settlement of decedent's estate or a court decree for the distribution of property;
(d) A division of land for federal, state, or local government to acquire street right-of- way;
(e) A division of land for the transfer of a tract or tracts between adjoining lots provided that no additional principal building sites are created by the division. The lots so created hereunder shall have only one principal building site each.
(f) A division of land into cemetery plots for the sole purpose of burial of corpses.
Exempted divisions listed herein are subject only to the provisions of § 152.11 of this chapter, and shall be exempt from other provisions of this code not specified or referred to in that section.
THOROUGHFARE PLAN or AREA THOROUGHFARE PLAN. The part of the Comprehensive Plan, now or hereafter adopted, which includes a Thoroughfare Plan and sets forth the location, alignment, dimensions, identification, and classification of existing and proposed streets, highways and other thoroughfares. Also AREA THOROUGHFARE PLAN CODE of Fayette County, and the city, 1992.
ZONING ORDINANCE. An ordinance now or hereafter adopted under the 600 Series of IC 36-7-4, including a zone map which divides the jurisdiction of the Commission into districts, with regulations and requirements and procedures for the establishment of land use controls, and which indicates where subdivision of land may occur. Also AREA ZONING CODE of Fayette County, and the city, 1992.
(Ord. 3096, passed 2-1-92)