ALLEY.
A right-of-way not designed for general travel or to allow through vehicular traffic, used as an access to the rear or side of lots.
APPROPRIATE AGENCIES.
Those agencies designated by ordinance or staff to review subdivisions for compliance with applicable specification or standards, requirements, or other infrastructure needs.
BOARD.
The Board of Public Works.
BOND.
Any form of security, including cash, surety bond, or financial instrument of credit, as approved by the appropriate agency, for the purpose of guaranteeing that improvements will be made in a subdivision according to the standards as adopted by the Board.
BUILDING SETBACK LINES.
Lines which are substantially parallel to the lot lines and which define the minimum distances that buildings must be located from the lot lines. (See required yards in the Zoning Code.)
CITY.
The City of Fort Wayne, Indiana.
COMMISSION.
The Fort Wayne City Plan Commission.
COMPREHENSIVE PLAN.
A plan for the physical development of the community, prepared and adopted by the Plan Commission, and Common Council, pursuant to state law, and including any part of such plan separately adopted, or any amendment to the plan or parts thereof. This shall also include any other documents incorporated by reference.
CONDITIONS.
Any terms of approval placed upon the plat application by the Plan Commission, or the Plat Committee, and upon the advice of any reviewing department.
COUNTY.
Allen County, Indiana.
CUL-DE-SAC.
A local street open at one end only and having an appropriate turning area at the closed end.
DEVELOPMENT PLAN COMMITTEE.
A committee composed of representatives of all departments or agencies having jurisdiction over required items or improvements under this chapter.
DEVELOPER.
The owner of land proposed to be subdivided, or his representative.
DOUBLE FRONTAGE LOT.
A lot having frontage on two separate parallel or approximately parallel dedicated streets. (Also known as a
THROUGH LOT.
)
EASEMENT.
A grant by a property owner to the general public and/or public utility or utilities (or quasi-public utilities) for the use of land for a specifically stated purpose or purposes.
FEE.
The appropriate filing fee as may be established by the Plan Commission.
FLOODPLAIN.
That area adjoining a waterway which has been designated as
FLOODWAY
or
FLOODWAY FRINGE
, as specified in the Zoning Code.
INFRASTRUCTURE.
The fixed public works and facilities necessary in a community, such as, but not limited to; sewers, water systems, streets, sidewalks, street lights, fire hydrants, street name signs, and traffic control signs or devices constructed to specifications adopted by the city through its Board of Public Works.
INTERESTED PARTIES.
(1) For a major subdivision:
(a) Those property owners within 300 feet of the proposed subdivision;
(b) Staff of the Plan Commission, or successor agency;
(c) The subdivider; and
(d) The registered neighborhood association for the subject property.
(2) For a minor subdivision:
(a) Contiguous property owners;
(b) Staff of the Plan Commission, or successor agency; and,
(c) The subdivider.
JURISDICTION.
The area within and/or adjacent to the corporate limits of the city, as shown on a map on file in the Office of Community and Economic Development, or successor agency, over-which the Fort Wayne City Plan Commission has authority.
LAND SURVEYOR.
A surveyor who is licensed in compliance with the laws of the state.
LOT.
The purposes of this chapter, means a parcel or portion of land containing at least the area required, at the time it was created, by the zoning district in which it is or was located, abutting at least one dedicated street or roadway, separated from other parcels or portions of land by description as on a subdivision of record or survey map for purposes of sales, leases, or separate use. The word LOT shall include the words "parcel" and "tract".
LOT FRONT.
For the purposes of this chapter, means that part of a lot adjacent to and parallel with a dedicated street. The front of a corner lot shall be considered as that part of the lot having the lesser amount of lineal footage adjacent to and parallel with either one of the streets. Whenever the lineal footage is the same on both such streets, either frontage of the corner lot may be considered as the lot front.
MONUMENT.
A permanent marker, used to identify the boundary lines of any lot, parcel, tract, street lines, or survey control points.
NONACCESS EASEMENT.
A public easement along a public right-of-way across which no access to another property is permitted.
OWNER.
Any person or other legal entity having record title.
PARK SERVICE JURISDICTION.
An area of public park development as defined by the Enabling Act, and under the developmental control of the Fort Wayne Department of Parks and Recreation.
PLAN COMMISSION.
The Fort Wayne City Plan Commission.
PLAT.
The drawing on which the plan of subdivision is presented to the Plan Commission (or Plat Committee) for approval.
PLAT COMMITTEE.
A group of officials appointed by the Plan Commission to hold hearings on and dispose of subdivision applications on behalf of the Commission. The Plat Committee shall consist of at least one planning staff member, one representative of an engineering department employed by the city, and one Plan Commission member. Each appointment shall be for one year, with members serving until replaced by any new appointment.
PRIMARY APPROVAL.
Approval, or approval with conditions, granted to a subdivision application by the Plan Commission, or the Plat Committee acting on its behalf, when the subdivision complies, or can comply after modification, with this chapter.
PUBLIC SEWER FACILITY.
A sewage disposal system, (including storm water), which is maintained, and operated within the jurisdiction of the city, and meeting all applicable standards and specifications.
PUBLIC UTILITY.
A firm, corporation, municipal department or board duly authorized to furnish, or furnishing under regulation to the public, electricity, gas, steam, communication, transportation, drainage, sewer and/or water.
PUBLIC WATER FACILITY.
A water supply system which is constructed, maintained, and operated within the jurisdiction of the city, and meeting all applicable standards and specifications.
RECORDER.
The Recorder of Allen County, Indiana.
PROFESSIONAL ENGINEER.
An engineer who is licensed in compliance with the laws of the State of Indiana.
RIGHT-OF-WAY.
A dedicated strip of land which may be occupied or may be intended to be occupied by transportation facilities, public utilities, or other special public uses.
SECONDARY APPROVAL.
Approval granted to a subdivision application, certifying that the plat reflects all terms, conditions, and commitments required by the Plan Commission, or the Plat Committee acting in its behalf.
STAFF.
The staff of the Fort Wayne City Plan Commission.
STANDARDS.
The most current, specific and detailed listing of materials and construction methods for infrastructure improvements, standards of construction and design, and performance bond schedules as adopted by the Board of Public Works, and/or the Board of Park Commissioners.
STREET.
A dedicated public right-of-way primarily for purposes of vehicular travel, including the pavement, median, curb, and/or shoulder.
(1) ARTERIAL STREET
shall refer to either of the following types of arterial streets.
(a) A PRINCIPAL ARTERIAL
, which is a roadway that provides high volume, high speed travel between major points or serves the major centers of activity. A
PRINCIPAL ARTERIAL
can also provide continuity for a rural arterial that intercepts urban boundaries. A
PRINCIPAL ARTERIAL
carries most of the trips entering and leaving the urban area as well as most through movements and intra-area travel. The system serves primarily through traffic and provides access to abutting properties as a secondary function.
(b) A
MINOR ARTERIAL
is a roadway system that interconnects with and augments the principal arterial system. The system carries trips to geographic areas smaller than that identified with high classifications. All arterials not classified as principal shall be classified as minor arterials.
(2) COLLECTOR STREET
is a roadway system that provides both traffic circulation and land access service. System penetrates residential, commercial and industrial zones distributing trips from arterials through the area to local routes or final destinations. The system also links neighborhoods or areas of homogeneous land use with arterials.
(3) LOCAL STREETS
means roadways that include all facilities not in the higher classification; they provide direct access to abutting lands (farm, residence, business). Through traffic movement is usually deliberately discouraged. Overriding consideration is to foster a safe and pleasant environment. The convenience of the motorist is a secondary consideration.
STRUCTURE.
Anything constructed or erected which requires location on or in the ground, or attachments to something having a location on or in the ground.
SUBDIVIDER.
The owner or the authorized agent for the owner of a subdivision.
SUBDIVISION.
(1) Any land, vacant or improved, which is divided into three or more lots in a 12 month period; or
(2) The act of creating a subdivision by the division of land into three or more lots in a 12 month period, except:
(a) The sale of land as a result of legal condemnations as defined and allowed by state statutes;
(b) The acquisition of street right-of-way by a public agency;
(c) A land transaction with an adjoining property owner, when the transaction is clearly not for individual development, for example, an adjustment of lot lines, and both new parcels meet the minimum requirements of the Zoning Code.
(3) For the purposes of this definition, a division shall be deemed to occur at the time that a contract of sale, conditional or otherwise, is executed, or a deed is executed, whichever is earliest.
(4) Subdivisions shall include:
(a) A
MINOR SUBDIVISION
means all subdivisions of land fronting on, and having access to an existing improved non-arterial street, and not requiring the creation of new right-of-way, or the creation or extension of any city water or sewer facility, and which does not exceed a total of six lots inclusive of the original tract. An increase in right-of-way width shall not constitute the creation of new right-of-way.
(b) MAJOR SUBDIVISION
means all subdivisions requiring new right-of-way or the creation of any public improvement, or which front on an arterial street, and/or which does not qualify as a minor subdivision.
ZONING DISTRICT.
The classification of the property under the Zoning Code.
ZONING CODE.
Refers to the Zoning Code of the Municipal Code of the City of Fort Wayne, including any and all amendments thereto.
(Ord. G-14-93, passed 5-4-93)