Accessory Building - A subordinate structure, such as a garage, storage shed, or barn, the use of which is incidental to that of the dominant use of the principal building or land
Administrator - The officer appointed by and/or delegated the responsibility for the administration of these regulations by the Planning Commission. This term shall be construed to include those planning staff members working under the direction of the Administrator in the exercise of his/her responsibilities in regard to the processing of these Subdivision Regulations.
Adjacent Property Owners - Those parties who are the owners of properties adjoining or adjacent to the proposed subdivision as shown on the sketch plan.
Alley - A public or private vehicular right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
Applicant - The owner of land proposed to be subdivided or his agent or his legal representative.
Block - A tract of land bounded by streets, or by a combination of streets and public parks, cemetery, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
Block Park - A park of one (1) acre or less in size.
Bond - Any form of security including a cash deposit, surety bond, collateral, property, or instrumental credit in an amount and form satisfactory to the Town Council. All bonds shall be approved by the Town Council wherever a bond is required by these regulations.
Book of Standards - The document which accompanies the Subdivision Control Ordinance and contains construction and design standards for all required infrastructure improvements.
Buffer Landscaping - Any trees, shrubs, walls, fences, berms, or related landscaping features required under this ordinance or the Zoning Ordinance on private lots and privately maintained buffering lots from adjacent and/or properties or public rights of way for the purpose of increasing visual privacy. (See Screening also.)
Building - Any roofed structure built for the support, shelter, or enclosure of persons, animals, or movable property of any kind.
Building Code - That Town ordinance or group of ordinances establishing and controlling the standards for constructing buildings, utilities, mechanical equipment and all forms of structures and permanent installations and related matters, within the Town. Also referred to herein as the Dyer Building Code.
Building Inspector - That official of local government authorized to issue building permits.
Building Permit - A certificate issued by the Building Inspector of a governing body permitting a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure within its jurisdiction, or cause the same to be done.
Capital Improvements Program - A proposed schedule of all future projects listed 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 more durable, longer lived physical assets for the community are included.
Central Sewer System - A community sewer system including collection and treatment facilities established by the developer to serve a new subdivision or an existing sewer system.
Central Water Systems - A community water supply system including existing and new wells and/or surface water sources and intakes, treatment facilities, and distribution lines and includes such of the above facilities established by the developer to serve a new subdivision.
Certificate - The signed and attested document which indicates that a subdivision has been granted secondary approval by the Commission subsequent to proper public notice of its hearing.
Commission - The Dyer Plan Commission.
Commission Attorney - The licensed attorney designated by the Dyer Town Council to furnish legal assistance for the administration of this ordinance or as provided by statute.
Community Park - A park in excess of ten (10) acres.
Comprehensive Plan - Inclusive physical, social and economic plans and policies in graphic and verbal statement forms for the development of the Town, prepared and adopted by the Commission and Town Council, pursuant to the State Acts, and including any part of such plan and/or policies separately adopted and any amendment to such plan and/or policies, or parts thereof.
Condominium - The division of building(s) and the related land into horizontal property interests meeting the requirements of and controlled by Indiana statutes for condominiums as prescribed by Indiana Code, §§ 32-1-6-1 through 31.
Construction Plan(s) - The preliminary and/or final drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed for the subdivision in accordance with the requirements of this ordinance as a condition of the approval of the plat.
Cul-de-Sac - A local street with only one (1) outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement including public safety vehicles.
Dead-End Street - A street or a portion of a street with only one (1) vehicular traffic outlet, and no turnaround at the terminal end.
Developer - The owner of land proposed to be subdivided or one who is hired by the owner to subdivide or develop the land. Consent for making applications for development approval shall be required from the legal owner of the premises.
Drives, Private - Vehicular streets and driveways, paved or unpaved, which are wholly within private property, except where they intersect with other streets within public rights-of-way.
Easement - An authorization grant by a property owner for the use by another of any designed part of his property for a clearly specified purpose(s).
Engineer (Design) - Professional engineer hired by a developer/private party for the purposes of designing a particular project.
Engineer (Town) - Professional engineer or engineering firm employed by the Town of Dyer either as a Town employee or as a consulting engineer.
Escrow - A deposit of cash with the Town Council in lieu of an amount required and still in force on a performance or maintenance bond. Such escrow funds shall be held by the Clerk-Treasurer.
Final Plat - The map, drawing or plan described in this ordinance of a subdivision and any accompanying material submitted to the Commission for secondary approval, and which, if approved and signed by the designated officials, may be submitted to the County Recorder for recording.
Flood Hazard Areas - Those flood plains which have not been adequately protected from flooding by the Regulatory Flood by means of dikes, levees, or reservoirs, and are shown on the Floodway-Flood Boundary Maps of the Federal Insurance Administration or maps provided to the Commission from the Indiana Department of Natural Resources.
Flood Plains - The area adjoining the river or stream which has been or may hereafter be covered by flood water from the Regulatory Flood.
Flood Protection Grade - The elevation of the lowest point around the perimeter of a building at which flood waters may enter the interior of the building.
Floodway Fringe - Those portions of the Flood Hazard Areas lying outside the Floodway, shown on the Floodway-Flood Boundary Maps of the Federal Insurance Administration.
Foundations - The supporting member of a wall or structure.
Frontage - That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot. Corner lots will be considered to front on both intersecting streets. (No access for any one lot is permitted to more than one street and that street generally will be the one calculated to have lower traffic volumes and less frequent intersections.)
Frontage Street - Any street to be constructed by the developer or any existing street in which development shall take place on both sides.
Front Yard - A yard as defined herein, encompassing the horizontal space between the nearest foundation of a building to the right-of-way line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the right-of-way line.
Governing Body - The Dyer Town Council.
Grade - The slope of a street, or other public way, specified in percentage (%) terms.
Health Department and Health Officer - The agency and person designated by the County to administer the health regulations within the County's jurisdiction.
Indiana Code - The Burns Indiana Statute Code Edition, which codifies all Indiana statutes for reference purposes. The latest edition with any amending supplements must be referred to for the laws “now” in force and applicable. (Usually abbreviated as I.C. herein.)
Joint Ownership - Joint ownership among persons shall be construed as the same owner, “constructive ownership” for the purpose of imposing subdivision regulations.
Landscaping - See Buffer Landscaping, Screening and Shade Trees.
Lot - For purposes of this ordinance, a lot is a subdivided and recorded parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
(1) A single lot of record.
(2) A combination of complete lots of record, or complete lots of record and portions of lots of record.
Lot Frontage - The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on comer lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under Yards in this section.
Lot Lines - The lines bounding lots as defined herein.
Lot Measurement -
1. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
2. “Width” of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty percent (80%) of the required lot width except in the case of lots on the turning circle of a cul-de- sac or eyebrow. Examples of said measurements may be found in Appendix “A.”
Lot of Record - A lot which is part of a subdivision recorded in the office of the Recorder of Lake County.
Lot Types
a. “Corner Lot” is defined as a lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a comer lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five degrees (135°).
b. “Interior lot” is defined as a lot other than a corner lot with only one frontage on a street.
c. “Through lot” is defined as a lot other than a corner lot with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double frontage lots.
d. “Reversed Frontage lot” is defined as a lot on which the frontage is at right angles or approximately right angles (interior angle less than one hundred thirty-five degrees [135°]) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot, or a through lot.
Major Subdivisions - Any subdivision not classified as a minor subdivision, including, but not limited to, subdivision of four (4) or more lots, or any size subdivision requiring any new street or extension of the local governmental facilities, to the creation of any public improvements.
Map - A representation of a part or the whole of the earth's surface, in signs and symbols, on a plane surface, at an established scale, with a method of orientation indicated.
Marker - A stake, pipe, rod, nail, or any other object which is intended to be a permanent point for record purposes.
Master Plan - See Comprehensive Plan.
Minor Subdivision - Any subdivision containing not more than three (3) lots fronting on existing street which is an improved right-of-way maintained by the Town involving no street or the extension of municipal facilities, or the creation of any public improvements. A minor subdivision shall not adversely affect the remainder of the parcel or adjoining property, and shall not conflict with any provision or portion of the Comprehensive Plan, Official Map, Zoning Ordinance, or this ordinance.
Model Home - A dwelling unit used initially for display purposes which typifies the kind of units that will be constructed in the subdivision.
Monument - A physical structure which marks the location of a corner or other survey point.
Neighborhood Park - A park of one (1) to ten (10) acres in size.
Nonresidential Subdivision - A subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these regulations.
Off-Site - Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision's approval.
Official Map - The zoning map established by the Town pursuant to law and any amendments or additions thereto adopted by the Town or additions thereto resulting from the approval of subdivision plats by the Commission and the subsequent filing of such approved plats.
Ordinance - Any legislative action, however denominated, of a local government which has the force of law, including any amendments or repeal of any ordinance.
Owner - Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to the land sought to be subdivided under these regulations.
Parcel - A part or portion of land having a legal description formally set forth in a conveyance together with the boundaries thereof, in order to make possible its easy identification.
Perimeter Street - Any existing street to which the parcel of land to be subdivided abuts on only one side.
Person - A person includes a corporation, partnership and an unincorporated association of persons such as a club.
Plan Commission - That Commission established by the Town of Dyer in accordance with Indiana Code, § 36-7-1-2.
Planned Unit Development - A means of land regulation which permits a unified land development in a configuration and possibly a mix of uses not otherwise permitted “as of right” under the Town Zoning Ordinance, but requiring under that ordinance or a special ordinance a special review and approval process.
Primary Approval - An approval (or approval with conditions imposed) granted to a subdivision by the Commission after having determined in a public hearing-that the subdivision complies with the standards prescribed in this ordinance (per Indiana Code, § 36-7-4-700 series: Subdivision Control).
Primary Plat - 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 which include full engineering drawings.
Principal Use Building - A building in which the principal use of the lot or parcel is conducted. Standards recognized by the Indiana Administrative Building Council shall be used to determine whether a given structure constitutes one or more buildings in cases where ambiguities exist.
Public Improvement - Any drainage ditch, street, highway, parkway, sidewalk, pedestrian-way, tree, lawn, off-street parking area, lot improvement, or other facility used by the general public and not intended for private use.
Rear Yard - A yard defined herein, encompassing the horizontal spaces between the nearest foundation of a building to a rear lot line and that rear lot line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the real lot line. The rear yard of a corner lot shall be that yard at the opposite end of the lot from the front yard.
Registered Land Surveyor - A land surveyor properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.
Registered Professional Engineer - An engineer properly licensed and registered in the State of Indiana or permitted to practice in Indiana through reciprocity.
Regulatory Flood - That flood having a peak discharge which can be equaled or exceeded on the average of once in one hundred (100) year period, as calculated by a method and procedure which is acceptable to and approved by the Federal Emergency Management Agency (FEMA); this flood is equivalent to a flood having probability of occurrence of one percent (1%) in any given year.
Regulatory Flood Elevation - The maximum elevation, as established by FEMA, reached by the Regulatory Flood at the location in question relevant to approval of a given subdivision under consideration.
Regulatory Floodway - The channel of a river or stream and those portions of the Flood Plains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flow of the Regulatory Flood of any river or stream shown on the Floodway-Flood Boundary Maps of the Federal Insurance Administration.
Restrictive Covenants - Regulations of various kinds on the usage of lots or parcels of land within a subdivision which are proposed by the subdivision, and in the case of public health, safety, and welfare by the Commissions, that are recorded with the plat and run with the land.
Resubdivisions - A change in a map of an approved or recorded subdivision plat.
Right-of-Way - A strip of land 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, special landscaping, or for another special use. The usage of term “right-of-way” for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, screening or special landscaping, or any other use involving maintenance by a public agency shall be dedicated to public use by the subdivider on whose plat such right-of-way is established.
Sale or Lease - Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or transfer of an interest in a subdivision or part thereof, whether by metes and bounds, deeds, contract, plat, map, lease, devise, intestate, succession, or other written instrument.
Same Ownership - Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations in which a stockholder, partner, or associate, or member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.
Screening - Either (a) a strip of at least ten (10) feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four (4) feet high at the time of planting, of a type that will form a year round dense screen at least six (6) feet high; or (b) an opaque wall or barrier or uniformly painted fence at least six (6) feet high. Either (a) or (b) shall be maintained in good condition at all times and may have no signs affixed to or hung in relation to the outside thereof except as permitted or required under the Zoning Ordinance. Where required by the Zoning Ordinance, a screen shall be installed along or within the lines of a plot as a protection for adjoining or nearby properties. Earth berms may be incorporated as part of such screening measures where appropriate.
Secondary Approval - The stage of applications for formal Plan Commission approval of a final plat of a subdivision the construction of which has been completed or substantially
completed which, if approved and signed by the designated officials, may be submitted to the County Recorder for filing.
Setback - A line parallel to and equidistant from the relevant lot line (front, back, side) between which no buildings or structures may be erected as prescribed in the Town Zoning Ordinance.
Shall - Mandatory without exception.
Side Lot Lines - Any lines separating two lots other than front or rear lot lines.
Sketch Plan - The initially submitted graphic representation of a proposed subdivision, drawn to the approximate scale, whether superimposed upon a print of a topographic survey or presented in any other suitable graphic medium or form acceptable to the Commission. Drawing or drawings indicating the proposed manner of layout of the subdivision meeting the conditions of the subdivision ordinance to be submitted to the Commission for primary approval.
Special Landscaping - Areas of tree planting, shrubs, or other landscape feature serving a public purpose and maintained by the Town. (See also Buffer Landscaping and Screening.)
State Acts - Such legislative acts of the State of Indiana as they affect these regulations.
State Plan Coordinates System - A system of plan coordinates, based on the Transverse Mercator Projection for the Western Zone of Indiana, established by the United States Coast and Geodetic Survey for the State of Indiana.
Street, Public - All major secondary and minor streets which are shown on the subdivision plat and are to be dedicated for public use.
Street, Approved - Any street, whether public or private, meeting standards and specifications of the Town. Specific street classifications are defined in Section 1 of the Design Standards for Improvements in the Town of Dyer, in the attached appendix.
Street Line - The right-of-way line of a street.
Street Right-of-Way Width - The distance between property lines measured at right angles to the center line of the street.
Structure - Anything constructed or erected that requires location on or in the ground or is attached to something having a location on or in the ground.
Subdivider - Any person, or his legally designated Attorney-in-Fact by a Power of Attorney properly executed and recorded in the Miscellaneous Records of Lake County Indiana, who (1), having a proprietary interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who (2) directly sells,
leases, or develops, or offers to sell, lease, or develop, or advertise for sale, lease, or development, any interest, lot, parcel site, unit, or plat in a subdivision; or who (3) engages directly, or through an agent, in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision of any interest, lot, parcel site, unit, or plat in a subdivision; or (4) is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.
Subdivision - The division of a parcel of land into one or more lots for the purpose of transfer of ownership or building development. If a new street is involved, any division of a parcel of land is considered to be a subdivision. The term “subdivision” includes resubdivision and; when appropriate to the context, shall relate to the process of subdividing or to land being subdivided.
Subdivision Plat - A map indicating the subdivision or resubdivision of land filed or intended to be filed of record with the County Recorder.
Temporary Improvement - Improvements built and maintained by a subdivider during construction of the subdivision and intended to be replaced by a permanent improvement.
Temporary Turnaround - Turnaround improvements at the ends of stub streets intended to be replaced when the adjoining area is developed and the through street connection is made.
Thoroughfare Plan - That part of the Comprehensive Plan for Dyer now or hereafter adopted, which includes a Major Thoroughfare Plan and sets forth the general or approximate location, alignment, dimensions, identifications and classifications of existing and proposed highways and other thoroughfares (including streets as defined hereinabove) located with the Town of Dyer.
Yard - A space on the same lot with a principal building, such space being open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.
Zoning Ordinance - That Town ordinance setting forth the regulations controlling the use of land in the Town of Dyer. (Ord. No. 94-9, § II, 8-9-94; Am. Ord. No. 2000-41, 12-19-00)