For the purposes of this chapter, the following definitions apply unless the context clearly requires a different meaning. Throughout, the word “herein” means “in these regulations” and the word “regulations” means “these regulations”, a “person” includes a corporation, partnership or incorporated association of persons such as a club, “shall” is always mandatory and “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”.
ADMINISTRATOR. The officer delegated the responsibility for administering this chapter or appointed by the Plan Commission. ADMINISTRATOR 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 regulations.
ADVISORY PLAN COMMISSION. A plan commission serving a single local government jurisdiction established as defined under I.C. 36-7-1-2, as amended.
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 representative. Consent shall be required from the legal owner of the premises.
ARTERIAL. Either a primary arterial or a secondary arterial as defined in this section.
BLOCK. A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of municipalities.
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.
BUILDING. Any roofed structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind.
BUILDING CODE. The 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 within the town and related matters.
BUILDING SITE. An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads or foundations for buildings.
CENTRAL SEWERAGE SYSTEM. A community sewer system, including the collection and treatment facilities, established by the developer to serve a new subdivision in an outlying or generally-rural area.
CENTRAL WATER SYSTEM. A private water company formed by a developer to serve a new community development in an outlying or generally-rural area. It includes water treatment and distribution facilities.
CLASSIFICATION OF STREETS. For the purpose of providing for the development of the streets, highways, roads and rights-of-way in the governmental unit and for their future improvement, reconstruction, realignment and necessary widening, including provisions for curbs and sidewalks, each existing street, highway, road and right-of-way and those located on approved and filed plats have been designated in the Comprehensive Plan and classified therein. The CLASSIFICATION of each street, highway, road and right-of-way is based upon its location in the respective zoning districts, its present and estimated future traffic volume and its relative importance and function as specified in the Comprehensive Plan.
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 multi-family use for four or more dwelling units.
COMMISSION. The Advisory Plan Commission, as referred to herein and as appointed in accordance with I.C. 36-7-4.
COMPREHENSIVE PLAN. Inclusive physical, social and economic plans and policies in graphic and verbal statement forms for the development of the town which are prepared and adopted by the Commission pursuant to the state acts, including any part of such plan or policies separately adopted and any amendment to such plan or policies or to any parts thereof.
CONDOMINIUM. The division of a building or buildings and the related land into horizontal property interests meeting the requirements of and controlled by the state statutes for condominiums as prescribed by the I.C. 32-35 et seq.
CONSTRUCTION PLANS. The maps, drawings and textual descriptions accompanying a subdivision plat showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of this chapter as a condition of the approval of the plat.
CONSTRUCTION STANDARDS. The town’s Construction Standards for Subdivision and Development as adopted and amended.
COUNCIL. The Town Council of the town.
COVENANT. A written promise or pledge.
CUL-DE-SAC. A local street with only one outlet which has an appropriate terminal for the safe and convenient reversal of traffic movement, including the reversal of public safety vehicles.
CULVERT. A drain which channels water under a bridge, street or driveway.
DEAD-END STREET. A street or portion of a street with only one vehicular traffic outlet and no turnaround at the terminal end.
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.
DEVELOPER. The authorized agent or agents of a subdivider or the subdivider himself or herself. The DEVELOPER may be the owner of land proposed to be subdivided or his or her representative, the subdivider.
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 designated part of his or her property for a clearly- specified purpose or for clearly-specified purposes.
ESCROW. A deposit of cash with the Commission in lieu of an amount required and still in force on a performance or maintenance bond. Such ESCROW FUNDS shall be held by the Town Clerk-Treasurer.
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 which, if approved and signed by the designated officials, may be submitted to the county’s Recorder for recording.
FLEXIBLE ZONING. Zoning which permits uses of land and a density of buildings and structures different from those which are allowed within the zoning district in which the land is situated. FLEXIBLE ZONING applications shall include, but not be limited to, all special permits and special uses, group housing projects and planned unit development.
FLOOD HAZARD AREAS. Those floodplains which have not been adequately protected from flooding by the regulatory flood by means of dikes, levees or reservoirs and which are shown on the floodway-flood boundary maps of the Federal Insurance Administration or on maps provided to the Commission from the state’s Natural Resources Commission.
FLOOD PROTECTION GRADE. The elevation of the lowest point around the perimeter of a building at which floodwater may enter the interior of the building.
FLOODPLAIN. The relatively flat area or low land adjoining the channel of a river or stream which has been or may be covered by floodwater. The FLOODPLAIN includes the channel, floodway and floodway fringe.
FLOODWAY. See REGULATORY FLOODWAY.
FOUNDATION. The supporting member of a wall or structure.
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 which abuts a street and is ordinarily regarded as the front of the lot. Lots shall not be considered to front on stub ends of streets and will be considered to front on both intersecting streets in the case of corner lots.
GRADE. The slope of roads, streets or other public ways as specified in terms of percentage.
HEALTH DEPARTMENT AND HEALTH OFFICER. The agency and person designated by the town to administer the health regulations within the town’s jurisdiction.
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 any improvement of the land on which they are situated, constituting a physical betterment of a real property or any part of such betterment. Certain LOT IMPROVEMENTS shall be properly bonded as provided in this chapter.
IMPROVEMENT, PUBLIC. Any drainage ditch, roadway, sidewalk, tree, lawn, off-street parking area, lot improvement or other facility for which the local or state government may ultimately assume the responsibility for maintenance and 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 the construction of a subdivision prior to release of the performance bond.
INDIANA CODE. The Burns Indiana Statutes Code Edition, usually abbreviated as I.C. herein, which codifies all state statutes for reference purposes. The latest edition, with any amending supplements, must be referred to for the laws currently in force and applicable.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal system or any other approved sewage- treatment device.
LAND USE. The development existing on land.
LOCAL STREET. A street intended to provide access to other streets from individual properties and to provide rights-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 for building development.
MAJOR SUBDIVISION. All subdivisions not classified as minor subdivisions including, but not limited to, subdivisions of four or more lots or any size of subdivision requiring any new street, an extension of the local governmental facilities or the creation of any public improvements.
MINOR SUBDIVISION. Any subdivision containing not more than three lots fronting on an existing street which do not involve any new streets or roads, the extension of municipal facilities or the creation of any public improvements, do not adversely affect the remainder of the parcel or adjoining properties and are not in conflict with any provision or portion of the Comprehensive Plan, Thoroughfare Plan, zoning ordinance or this chapter.
MODEL HOME. Dwelling units used initially for display purposes which typify the types of units that will be constructed in the subdivision. Such dwelling units may be erected at the discretion of the Plan Commission by permitting a portion of a major subdivision involving not more than three lots to be created according to the procedures for a minor subdivision as set in this chapter.
MONUMENT. Any permanent marker of concrete, galvanized iron pipe or iron or steel rods which is used to identify any tract, parcel, lot or street lines.
NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial.
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, 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 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.
PLAN COMMISSION. See ADVISORY PLAN 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 the right” under the town ordinance but which requires a special review and approval process under that ordinance or a special ordinance.
PLAT. A map indicating the subdivision or resubdivision of land which is filed or intended to be filed for record with the county’s Recorder.
PRELIMINARY 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.
PRIMARY APPROVAL. An approval, or an 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: Subdivision Control.
PRIMARY ARTERIAL. A street intended to move through-traffic to and from such major attractors as central business districts, regional shopping centers, colleges and universities, major industrial areas and similar traffic generators within the town; a major thoroughfare.
REGISTERED LAND SURVEYOR. A land surveyor who is properly licensed and registered in the state or who is permitted to practice in the state through reciprocity.
REGISTERED PROFESSIONAL ENGINEER. An engineer who is properly licensed and registered in the state or who is permitted to practice in the state through reciprocity.
REGULATORY FLOOD. The flood having a peak discharge which can be equaled or exceeded on an average of once in a 100-year period as calculated by a method and procedure which is acceptable to and approved by the state’s 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 state’s Department of Natural Resources, that is reached by the regulatory flood at the locations in question which are relevant to the approval of a given subdivision under consideration.
REGULATORY FLOODWAY. The channel of a river or stream and those portions of the floodplains 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 Emergency Management Agency.
RESERVE STRIP. A strip of land between a partial street and adjacent property which is reserved or held in public ownership for future street extension or widening.
RESUBDIVISION (REPLAT). A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map, any area reserved thereon for public use or any lot line, or if it affects any map or plan 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 such RIGHT-OF-WAY is established.
SALE or LEASE. Any immediate or future transfer of ownership or any possessory interest in land, including contracts of sale, lease, devise, interstate succession or transfer, of an interest in a subdivision or part thereof, whether by deed, metes and bounds, contract, plat or other written instrument.
SECONDARY APPROVAL. The stage of application for formal 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’s 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 areas such as community-commercial areas, primary and secondary educational facilities, hospitals, major recreational areas, churches and offices or are designed to carry traffic from collector streets to the system of primary arterials.
SETBACK. A line parallel to the relevant lot line, front, back or side, between which no buildings or structures may be erected as prescribed in the town’s zoning ordinance.
SKETCH PLAN. A sketch preparatory to the preparation of the preliminary plat, or to the preparation of the final plat in the case of minor subdivisions, to enable the subdivider to save time and expense in reaching a general agreement with the Commission as to the form of the plat and the objectives of this chapter.
STATE. The State of Indiana.
STATE ACTS. Such legislative acts of the state as they effect this chapter.
STATE PLANE COORDINATE SYSTEM. A system of plane coordinates based on the Transverse Mercator Projection for the Western Zone of the state, established by the United States Coast and Geodetic Survey for the state.
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 which requires a location on or in the ground or is attached to something having a location on or in the ground.
SUBDIVIDER. The individual, firm, syndicate, corporation, partnership, association, trust or other legal entity which 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, he or she 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 chapter shall not apply to any of the following:
(1) 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 which does not change the original number of lots in any block of the recorded plat;
(2) An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property;
(3) The unwilling sale of land as a result of legal condemnation as defined and allowed in state law;
(4) The acquisition of street rights-of-way by a public agency in conformance with the Comprehensive Plan; or
(5) The exchange of land for the purpose of straightening property boundaries which does not result in a change of the present land usage.
TEMPORARY IMPROVEMENT. Improvements built and maintained by a subdivider during the construction of a subdivision which is intended to be replaced by a permanent improvement prior to release of the performance bond or turnaround improvements at the ends of stub streets which is intended to be replaced when the adjoining area is developed and the through- street connections made.
TOWN ATTORNEY. The licensed attorney designated by the legally-authorized body to furnish legal assistance for the administration of this chapter in lieu of the Commission having its own attorney.
TOWN ENGINEER. The licensed engineer designated by the town to furnish engineering assistance in the administration of this chapter.
UTILITIES. Installations for the transmission of water, sewage, gas, electricity, telecommunications and stormwater, and similar facilities providing services to and used by the public.
VARIANCE. A modification of the strict terms of the relevant regulations of this chapter where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
YARD. A space on the same lot as 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. The town’s ordinance setting forth the regulations controlling the use of land in the incorporated areas and in those unincorporated areas to which the town has jurisdiction.
(Ord. 2002-13, passed 9-3-2002)