§ 150.003 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY BUILDING. A subordinate structure, 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 this chapter 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 or her responsibilities in regard to the processing of these subdivision provisions.
   ADVISORY PLAN COMMISSION. A plan commission serving a single local government jurisdiction established as defined under I.C. 36-7-1-2, as amended.
   AGENCY. See PUBLIC AGENCY.
   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 or her agent or his or her legal representative.
   ARTERIAL. Either a primary arterial or a secondary arterial as defined in this section.
   AVERAGE DENSITY PROCEDURES. Procedures for calculating overall density of development prescribed in the Zoning Chapter as a flexible tool for maintaining overall densities while allowing individual lot sizes to vary from the minimum size allowed in a given zone.
   BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad right-of-way, shorelines of waterways or boundary lines of municipalities.
   BOARD OF COUNTY COMMISSIONERS. Referred to herein as the COUNTY so as not to be confused with the Plan Commission, referred to herein as the Commission.
   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 Plan Commission. All BONDS shall be approved by the Commission wherever a bond is required by this chapter.
   BUFFER LANDSCAPING. Any trees, shrubs, walls, fences, berms or related landscaping features required under this chapter or the Zoning Chapter on private lots and privately maintained for buffering lots from adjacent properties or public rights-of-way for the purpose of increasing sound and/or visual privacy. Also, see SCREENING.
   BUILDING. Any roofed structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind.
   BUILDING CODE.  Chapter 151 below, and any amendments thereto 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 TOWN BUILDING CODE.
   BUILDING PERMIT. A certificate issued by the building permit official 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.
   BUILDING PERMIT OFFICIAL. The official of local government authorized to issue building permits.
   CAPITAL IMPROVEMENTS PROGRAM.
      (1)   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.
      (2)   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 asset for the community are included.
   CENTRAL SEWERAGE SYSTEM. A community sewer system including collection and treatment facilities established by the developer to serve a new subdivision or an existing public sewer system.
   CENTRAL WATER SYSTEM. A community water supply system including existing and new wells and/or surface water sources and intakes, treatment facilities and distribution lines and includes 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.
   CHECKPOINT AGENCY. A public agency or organization called upon by the Commission to provide expert counsel with regard to a specific aspect of community development or required by law to give its assent before subdivision may take place.
   COLLECTOR STREET. A street intended to move traffic from local streets to secondary arterials. (A COLLECTOR STREET serves a neighborhood or large subdivision and should be designed so that no residential properties face onto it and no driveway access to it is permitted unless the property is to be in multifamily use for 4 or more dwelling units.)
   COMMISSION. The Fremont Advisory Plan Commission as referred to herein; not the Board of County Commissioners, or any other commission unless so specified.
   COMMISSION ATTORNEY. The licensed attorney designated by the Commission to furnish legal assistance for the administration of this chapter or as provided by statute.
   COMPREHENSIVE PLAN. Includes physical, social and economic plans and policies in graphic and verbal statement forms for the development of the town (and the planning jurisdiction), prepared and adopted by the town, pursuant to the state acts, and including any part of a plan and/or policies separately adopted and any amendment to the 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 I.C. 35-25-1 through 32-25-9.
   CONSTRUCTION PLAN(S). The maps or 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 chapter as a condition of the approval of the plat.
   COUNTY AUDITOR. That county official empowered to examine and settle all accounts and demands that are chargeable against the county and not otherwise provided for by statue.
   COUNTY HEALTH OFFICER. See HEALTH OFFICER.
   COUNTY RECORDER. That county official empowered to record and file land description plats.
   CUL-DE-SAC. A local street with only 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 1 vehicular traffic outlet, and no turnaround at the terminal end.
   DEPARTMENT. See PUBLIC AGENCY.
   DESIGNATED OFFICIALS. Those officials of the Commission designated in the subdivision control ordinance as required signatories for the execution of secondary approval.
   DEVELOPER. The owner of land proposed to be subdivided or his or her representative. 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 right-of-way.
   EASEMENT. An authorization granted by a property owner for the use by another of any designated part of his or her property for a clearly specified purpose(s).
   ESCROW. A deposit of cash with the Commission in lieu of an amount required and still in force on a performance or maintenance bond. ESCROW funds shall be held by the Town Clerk-Treasurer.
   EXEMPT DIVISIONS. See SUBDIVISION.
   FINAL PLAT. The map, drawing or plan described in this chapter 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 State Natural Resources Commission.
   FLOOD PLAIN. 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. See REGULATORY FLOODWAY.
   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.
   FOUNDATION. The supporting member of a wall or structure.
   FRONT YARD.
      (1)   A yard as defined herein, encompassing the horizontal space between the nearest foundation of a building to the right-of-way line and that 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.
      (2)   The FRONT YARD of a corner lot shall be that yard abutting the street upon which lot has its least frontage.
   FRONTAGE. That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot. Lots shall not be considered to front on stub ends of streets and in the case of corner lots will be considered to front on both intersecting streets. (No access for any 1 lot is permitted to more than 1 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.
   GOVERNING BODY. The body of the relevant local government having the power to adopt ordinances.
   GRADE. The slope of a street, or other public way, specified in percentage terms.
   HEALTH DEPARTMENT and (COUNTY) HEALTH OFFICER. The agency and person designated by the county to administer the health regulations within the county's jurisdiction.
   HIGH DENSITY. Those residential zoning districts in which the density is equal to or greater than 1 dwelling unit per 10,000 square feet.
   HIGHWAY, LIMITED ACCESS. A freeway, or expressway, providing for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right to access to or from the same, except at points and in a manner as may be determined by the public authority having jurisdiction over a highway.
   HOUSING CODE. That town ordinance controlling the continuing safety and healthfulness of building for human occupation within the town jurisdiction.
   IMPROVEMENTS. (See LOT IMPROVEMENTS or PUBLIC IMPROVEMENTS).
   INDIANA CODE. West's Annotated Indiana Code, which codifies all Indiana statutes for reference purposes. The latest edition with any amending supplements must be referred to for the law “now” in force and applicable.
   INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal system or any other approved sewage treatment device approved by the Health Department.
   INTERESTED PARTIES. Those parties who are the owners of properties adjoining or adjacent to the proposed subdivision as shown on the sketch plan.
   JOINT OWNERSHIP.  JOINT OWNERSHIP among persons shall be construed as the same owner; CONSTRUCTIVE OWNERSHIP for the purpose of imposing subdivision regulations.
   LAND DIVIDER. The owner of a parcel of land to be further divided through making an exempt division.
   LANDSCAPING. See BUFFER LANDSCAPING, SCREENING and SHADE TREES.
   LOCAL STREET. A street intended to provide access to other streets from individual properties and to provide right-of-way beneath it for sewer, water and storm drainage pipes.
   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 of building development.
   LOT, CORNER. Any building, structure, 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 a betterment. Certain lot improvements shall be properly bonded as provided in this chapter.
   LOW DENSITY. Those residential zoning districts in which the density is equal or less then 1 dwelling unit per 40,000 square feet.
   MAJOR STREET. A collector or arterial street.
   MAJOR STREET PLAN. See OFFICIAL MAP.
   MAJOR SUBDIVISION. Any subdivision not classified as a minor subdivision, including but not limited to subdivision, including but not limited to subdivisions of 4 or more lots, or any site subdivision requiring any new street or extension of the local governmental facilities, or 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 not intended to be a permanent point for record purposes.
   MASTER PLAN. See COMPREHENSIVE PLAN.
   MEDIUM DENSITY. Those residential zoning districts in which the density is between 10,000 and 40,000 square feet per dwelling unit.
   MINOR SUBDIVISION. Any subdivision containing not more than 3 lots fronting on an existing street which is an improved right-of-way maintained by the county or town or state, not involving any new street 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, official map, Zoning Chapter or this chapter.
   MODEL HOME. A dwelling unit used initially for display purposes which typifies the kind of units that will be constructed in the subdivision. Dwelling units may be erected, at the discretion of the Commission, by permitting a portion of a major subdivision involving no more than 2 lots to be created according to the procedures for minor subdivisions, as set out in this chapter.
   MONUMENT. A physical structure which marks the location of a corner or other survey point.
   NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial. This subdivision shall comply with the applicable provisions of this chapter.
   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 approval.
   OFFICIAL MAP. The map or maps established by the county surveyor or the town engineer pursuant to law showing the existing and proposed streets, highways, parks, drainage systems and set-back lines theretofore laid out, adopted and established by 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 like approved plats.
   OFFICIAL MASTER PLAN. See COMPREHENSIVE PLAN.
   ORDINANCE. Any legislative action, however denominated, of a local government which has the force of law, including any amendment 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 or sufficient proprietary interest in the land sought to be subdivided under this chapter.
   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 1 side.
   PERSON. Includes a corporation, a partnership and an incorporated association of persons such as a club.
   PLAN COMMISSION. The town advisory plan body as established in accordance with Indiana law, often referred to herein simply as the COMMISSION.
   PLANNED UNIT DEVELOPMENT. A means of land regulation which permits large scale, unified land development in a configuration and possibly a mix of uses not otherwise permitted “as of right” under the Fremont Zoning Chapter but requiring under that ordinance or a special ordinance a special review and approval process.
   PLAT. A map indicating the subdivision or resubdivision of land filed or intended to be filed for record with the County Recorder.
   PRELIMINARY PLAT. The preliminary drawing or drawings, described in this chapter, indicating the proposed manner or layout of the subdivision to be submitted to the Commission for approval.
   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 chapter (per I.C. 36-7-4-700 series: Subdivision Control).
   PRIMARY ARTERIAL. A street intended to move through traffic to and from major attractors such as central business districts, regional shipping centers, major industrial areas and similar traffic generators within the town or county, and/or as a route for traffic between communities; a major thoroughfare.
   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 1 or more buildings in cases where ambiguities exist.
   PUBLIC AGENCY. An agency or government department acting under the aegis of and representing an elected or appointed council, commission or other policy-making or advisory body of federal, state or local government to whom it is responsible.
   PUBLIC IMPROVEMENT. Any drainage ditch, street, highway, parkway, sidewalk, pedestrian-way, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. (All IMPROVEMENTS shall be properly bonded).
   REAR YARD. A yard as defined below, encompassing the horizontal space between the nearest foundation of a building to a rear lot line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the rear 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 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 a 100-year period, as calculated by a method and procedure which is acceptable to and approved by the State Natural Resources Commission; this flood is equivalent to a flood having a probability of occurrence of 1% in any given year.
   REGULATORY FLOOD ELEVATION. The maximum elevation, as established by the Indiana Department of Natural Resources, reached by the regulatory flood at the locations 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. Limitations of various kinds on the usage of lots or parcels of land within a subdivision which are proposed by the subdivider, and, in the case of public health, safety and welfare by the Commission, that are recorded with the plat and run with the land.
   RESUBDIVISION. A change in a map of 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 setback; or if it affects any map or plan legally recorded prior to the adoption of any ordinance controlling subdivisions.
   RIGHT-OF-WAY.
      (1)   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.
      (2)   The usage of the 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 a right-of-way and not included within the dimensions or area of lots or parcels.
      (3)   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 the right-of-way is established.
   ROAD(S). See STREET(S).
   SALE or LEASE. Any unmediated 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, deed, contract, plat, map, lease, devise, intestate succession 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 or her family owns an interest in each corporation, firm, partnership, entity or unincorporated association.
   SCREENING.
      (1)   A strip of at least 10 feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least 4 feet high at the time of planting, of a type that will form a year-round dense screen at least 6 feet high.
      (2)   SCREENING shall be maintained in good condition at all times. Where required by the Zoning Chapter a screen shall be installed along or within the lines of a plot as a protection for adjoining or nearby properties.
      (3)   Earth berms may be incorporated as part of SCREENING measures where appropriate.
   SECONDARY APPROVAL. The stage of application 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.
   SECONDARY ARTERIAL. A street intended to collect and distribute traffic in a manner similar to primary arterials, except that these streets service minor traffic generating area such as community-commercial areas, primary and secondary educational plants, hospitals, major recreational areas, churches and offices, and/or designed to carry traffic from collector streets to the system of primary arterials.
   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 Zoning Chapter.
   SHADE TREE. A tree in a public place, special easement or right-of-way adjoining a street as provided in this chapter.
   SHALL. Always mandatory.
   SIDE LOT LINES. Any lines separating 2 lots other than front or rear lot lines.
   SKETCH PLAN.
      (1)   The initially submitted graphic representation of a proposed major subdivision, drawn to approximate scale, either superimposed upon a print of topographic survey, or presented in any other suitable graphic medium or form acceptable to the Commission; and
      (2)   In the case of a minor subdivision, the drawing or drawings indicating the proposed manner of layout of the subdivision meeting the conditions of the subdivision control ordinance to be submitted to the Commission for primary approval.
   SPECIAL LANDSCAPING. Areas of tree planting, shrubs or other landscape features serving a public purpose and maintained by the town. (See also BUFFER LANDSCAPING and SCREENING).
   STATE ACTS. Legislative acts of the State of Indiana as they affect this chapter.
   STATE PLANE COORDINATES SYSTEM. A system of plane coordinates, based on the Transverse Mercator Projection for the Western Zone of Indiana, established by the United State Coast and Geodetic Survey for the State of Indiana.
   STREET, DEAD-END. A street or a portion of a street with only 1 vehicular-traffic outlet.
   STREET RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the center line of the street.
   STREETS, CLASSIFICATION. 
      (1)   For the purpose of providing for the development of the streets, highways and rights-of-way in the governmental unit, and for their future improvement, reconstruction, realignment and necessary widening, including provision for curbs and sidewalks, each existing street, highway and right-of-way and those located on approved and filed plats, have been designated on the official map of the town or thoroughfare plan and classified therein.
      (2)   The CLASSIFICATION of each street, highway and right-of-way is based upon its location in the respective zoning districts of the town and its present and estimated future traffic volume and its relative importance and function as specified in the Fremont comprehensive plan and/or its thoroughfare plan component.
      (3)   The required improvements shall be measured as set forth for each STREET CLASSIFICATION on the official map.
   STRUCTURE. Anything constructed or erected that requires location on or in the ground is attached to something having a location on or in the ground.
   SUBDIVIDER. Any person who:
      (1)   Having a proprietary interest in land, causes it, directly or indirectly, to be divided into a subdivision;
      (2)   Directly or indirectly sells, leases or develops, or offers to sell, lease or develop, or advertises for sale, lease or development, any interest, lot, parcel site, unit or plat in a subdivision;
      (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; and
      (4)   Is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.
   SUBDIVISION.
      (1)   (a)   The division of a parcel of land into 2 or more lots, parcels, sites, units, plats or interests for the purpose of offer, sale, lease or development, either on an installment plan or upon any and all other plans, terms and conditions, including RESUBDIVISION.
         (b)   SUBDIVISION includes the division or development of land zoned for residential and nonresidential uses, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument.
      (2)   The following kinds of divisions of existing parcels of land are herein called “exempt divisions” and are classified into 2 categories; exempt I and exempt II.
      (3)   These divisions are exempt from most provisions of this chapter.
      (4)   Exempt I divisions must be 1 of the following types of division:
         (a)   A division of land into 2 or more tracts of which all tracts are at least 10 acres in size;
         (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 a decedent's estate or a court decree for the distribution of property; subject to the provisions of this chapter;
         (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 use building sites are created by the division. The lots so created hereunder shall have only 1 principal use building site each. See PRINCIPAL USE BUILDING; or
         (f)   A division of land into cemetery plots for the purpose of burial of corpses.
      (5)   Exempt I divisions are subject to the provisions of §§ 150.079 of this chapter, but shall be exempt from other provisions of this chapter not specified or referenced in those sections.
      (6)   Exempt II divisions are divisions of land into not more than 4 parcels 1 acre or more in size but less than 10 acres.
      (7)   These divisions shall conform to § 150.024 but shall be exempt from other provisions of this chapter not specified or referred to in those sections.
   SUBDIVISION AGENT. Any person who represents, or acts for or on behalf of, a subdivider or developer, in selling, leasing or developing or offering to sell, lease or develop any interest, lot, parcel, unit, site or plat in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services, and is not involved in developing, marketing or selling real property in the subdivision.
   SUBDIVISION, EXEMPT. See SUBDIVISION.
   SUBDIVISION, MAJOR. See MAJOR SUBDIVISION.
   SUBDIVISION, MINOR. See MINOR SUBDIVISION.
   TEMPORARY IMPROVEMENT. Improvements built and maintained by a subdivider during construction of the subdivision and intended to be replaced by a permanent improvement prior to release of the performance bond or turnaround improvements at the ends of stub streets intended to be replaced when the adjoining area is developed and the through street connection made.
   THOROUGHFARE PLAN. See OFFICIAL MAP.
   TOWN COUNCIL.
      (1)   The governmental body of the town empowered to adopt planning and public policy ordinances.
      (2)   The TOWN COUNCIL herein referred to only as THE TOWN.
   TOWN DESIGN REVIEW COMMITTEE. A committee established by the town to provide technical services to the Plan Commission in the administration of this chapter.
   TOWN ENGINEER. The licensed engineer designated by the town to furnish engineering assistance in the administration of this chapter.
   USED or OCCUPIED. As applied to any land or building shall be construed to include the words intended, arranged or designed to be used or occupied.
   YARD. A space on the same lot with a principal building, the 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. The town ordinance setting forth the provisions controlling the use of land in the incorporated areas and the jurisdictional area.
(1996 Code, Chap. 11, § 2.2)