For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCEPTED SCALES. One inch equals 50 feet, one inch equals 100 feet, and/or one inch equals 200 feet.
AGRICULTURAL PURPOSE. The use of a tract of land for agricultural purposes only, including farming, dairying, pasturing, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry.
APPARENT RIGHT-OF-WAY.
(1) All that area lying adjacent to and including the public road which is being used and occupied by the public and public utilities, and the area of maintenance by county or city government. The limits of the apparent right-of-way shall be defined as the greater of any of the following:
(a) The existing fence of long standing;
(b) The edge of existing utilities;
(c) Field occupation lines, meaning plowed or tilled ground;
(d) Existing woody vegetation, which may signify evidence of prior fence location; or
(d) If none of the above exists, the edge of the traveled road surface, and the adjacent area of maintenance by a county or city road department.
(2) The APPARENT RIGHT-OF-WAY is subordinate to dedicated rights-of-way of record.
BUILDING LINE. A line drawn parallel to a lot line at a distance therefrom equal to the depth of the minimum required yard for the zone in which the lot is located, as established by the Zoning Chapter.
COMMISSION. County Area Plan Commission.
COMPREHENSIVE PLAN. A composite of the mapped and written proposals recommending the physical development of the county which has been duly adopted by the county and is on file in the office of the County Recorder.
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 approval of the plan.
CROSS WALKWAY. A strip of land dedicated to public use which is reserved across a block to provide pedestrian access to adjacent areas.
DIRECTOR. The Director of the County Area Plan Commission who is appointed by the County Commissioners to administer the affairs of the Plan Commission.
EASEMENT. A grant by a property owner for the use of a strip of land by the general public, a corporation, or a certain person or persons for a specific purpose or purposes.
EROSION CONTROL PLANS. Written description and site of pertinent information concerning erosion control measures, as defined in the General Permit Related to Stormwater Runoff Associated with Construction Activities, as provided for in 327 IAC 15-5.
FEASIBILITY REPORT. A written report prepared by a professional engineer or land surveyor pertaining to the suitability of the site for various types of water and sewer systems, for drainage retention or dispersion, and the subsoil conditions for various methods of street construction.
INCIDENTAL IMPROVEMENT(S). A physical improvement, facility, or fixture together with its associated public right-of-way limited to: asphalt surfacing, streetlights, sidewalks, multi-use paths, monuments and markers, grouting of pipe, landscaping, and/or permanent seeding.
LOT. A parcel or portion of land separated from other parcels or portions by a description as on a subdivision, or record of survey map, or by metes and bounds for purpose of sale, lease, or separate use. In computing the number of lots in a subdivision, any portion remaining to the owner and not intended for sale shall, nevertheless, be considered a LOT.
LOT, DOUBLE FRONTAGE. A lot, other than a corner lot, which fronts on two streets.
NO ACCESS EASEMENT. Public easement along a public right-of-way across which access to the property is not permitted.
OWNER. Any individual, firm, association, syndicate, co-partnership or corporation, having sufficient proprietary interest in the land sought to be subdivided, to commence and maintain proceedings to subdivide the same under this chapter.
PERFORMANCE GUARANTEE. Any guarantee which may be accepted in lieu of a requirement that certain improvements be made before the Commission approves the secondary plat, including by way of illustration but not limitation, performance bonds, escrow agreements, deposit agreements, and other similar collateral or surety arrangements approved as valid and enforceable by the county.
PLANNED UNIT DEVELOPMENT. A development which:
(1) Permits flexibility in large scale development through land use controls that foster good environmental design without violating the intent of this chapter;
(2) That permits a variety of housing accommodations including single-family, two-family or multi-family;
(3) That permits the grouping and preservation of open space, recreation areas, school sites and lands for other public uses;
(4) That permits the orderly physical and aesthetic relationship of residential and commercial uses; and
(5) That permits the development of the area rather than the individual lot arrangement. No particular development shall necessarily include all the land uses set forth above.
PLAT COMMITTEE. A Committee appointed by the County Area Plan Commission in accordance with I.C. 36-7-4-701(e) to hold hearings on and approve minor plats and replats on behalf of the Commission.
PRIMARY PLAT. The map and supporting information indicating the proposed layout of the subdivision which is presented to the Commission for consideration and approval in accordance with these regulations.
PRIVATE DRIVE or STREET. The means of vehicular access to the public road or street system.
RESERVE STRIP. An area of land adjacent to a public right-of-way which is retained in ownership by the subdivider for the purpose of denying access to the adjacent land.
RIGHT-OF-WAY. A strip of land appropriated for public use as a street, highway, driveway, alley or walkway or for any drainage or public utility purpose or other similar uses.
SECONDARY PLAT. A drawing, in final form, showing the subdivider’s subdivision plan and containing all the information required to be presented to the Plan Commission for approval and which, if approved, may be duly filed or recorded by the applicant in the office of the County Recorder.
SEWAGE DISPOSAL REPORT. A report of the suitability of the soil for on-lot septic systems, based on a mechanical analysis, soil classification, or other methods as determined acceptable by the Commission and the County Health Department.
SKETCH PLAN. A sketch plan of a proposed subdivision used to show the Plan Commission the location, proposed street and lot layout, and many other significant features of the proposed subdivision.
STREET. The space or area between the lot lines, abutting upon a right-of-way and designed as a way for vehicular traffic whether designated as an alley, street, highway, throughway, freeway, expressway, road, avenue, boulevard, lane, place, or however otherwise designated, and which shall include but not be limited to those illustrated in the County Comprehensive Plan. For the purpose of this chapter STREET shall be classified as follows:
(1) ALLEY. A minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
(2) ARTERIALS. Those Federal and State roads of regional importance. These are high capacity highways moving traffic at fast rates of speed. They provide good continuity between distant points and are constructed to high standards. ARTERIALS provide two to four traffic lanes and should have a median strip wherever possible. Crossing traffic from other roads and access to abutting properties are often controlled, or partially so.
(3) CUL-DE-SAC STREET. A local road with only one outlet, having a paved, circular turnaround area at the closed end.
(4) FREEWAYS. Limited-access highways which carry large volumes of interstate traffic and have more importance regionally than locally. They often contain four or more moving lanes and permit a continuous high speed traffic flow. These highways have a high order of design and construction requirements.
(5) LOCAL ROADS. Low capacity and low speed roads whose function is to provide direct access to homes and property. Through traffic and heavy use of these roads should be discouraged. To the extent possible, residence driveways and ingress and egress points to other uses or structures should be oriented to the LOCAL ROADS rather than to the arterials or collectors.
(6) LOCAL SUBDIVISION STREETS. Low capacity and low speed streets within major subdivisions whose function is to provide direct access to homes and property. Through traffic and heavy use of these streets should be discouraged.
(7) MAJOR COLLECTOR HIGHWAYS. Highways having less regional importance than the Arterial Highways and more county or inter-county significance. They are medium capacity highways moving traffic at relatively fast rates of speed. They include both state designated routes and county roads. MAJOR COLLECTOR HIGHWAYS provide two traffic lanes.
(8) MARGINAL ACCESS STREETS. Local roads which are parallel to and adjacent to arterial streets and highways, and which provide access to abutting properties and protection from through traffic.
(9) MINOR COLLECTOR ROADS. Moderate capacity thoroughfares designed to accommodate relatively low speed traffic. They should, however, provide a smooth flow of traffic. Two moving lanes, unseparated, but wider than local road lanes are required.
SUBDIVIDER. The registered owner or the authorized agent of the registered owner of a subdivision being responsible for preparing and recording the plat of the subdivision and for carrying out all appropriate requirements outlined in these regulations for the subdividing of land.
SUBDIVISION.
(1) The division of a parcel of land into two or more lots, parcels, sites, units, plats 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 re-subdivision. SUBDIVISION includes the division of land zoned for residential and nonresidential uses, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument. The following kinds of division of existing parcels of land are herein called exempt divisions. These divisions are exempt from the platting provisions of this chapter. Exempt division must be one of the following types of division:
(a) A division of land into two or more tracts, all of which are at least ten acres in size;
(b) A division of land for the sale or exchange of 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;
(d) A division of land for the acquisition of street right-of-way, or easement;
(e) A division of land for the sale or exchange of additional tracts between adjoining land owners, provided that no additional building sites other than for accessory buildings are created by the division; and/or
(f) A division of land into cemetery plats for the purpose of burial of corpses.
(2) MAJOR SUBDIVISION. Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of four or more lots, or any size subdivision requiring any new street or extension of local governmental facilities or the creation of any public improvements.
(3) MINOR SUBDIVISION. The division of a single lot, tract or parcel of land, or part thereof, into not more than three lots, tracts or parcels of land, including the remainder of the original tract, any one of which is less than ten acres, for the purpose, whether immediate or future, of transfer of ownership, or construction of residential, commercial or industrial purposes. However, this definition shall not include division of land for agricultural purposes only. A MINOR SUBDIVISION shall not involve any new street or extension of local governmental facilities, or the creation of any public improvements.
TECHNICAL COMMITTEE. A Plan Commission subcommittee, including persons with technical knowledge of various county, state, and federal regulations and standards regarding development, appointed by the Plan Commission to form a Committee responsible for working with developers in reviewing the technical aspects of subdivision plans and other major development projects and making technical findings for the Plan Commission for their consideration in approving subdivision and development plans. The Committee shall be composed of the following individuals, or their representative:
(1) The Sanitarian of the County Health Department;
(2) The County Surveyor;
(3) A county commissioner;
(4) Highway engineer;
(5) Auditor;
(6) Purdue Extension;
(7) Mutual aide;
(8) Any other Plan Commission members or persons as the Plan Commission deems appropriate.
(’86 Code, § 7.1-19) (Ord. 1993-9G, passed 9-27-93; Am. Ord. 1994-10C, passed 10-3-94; Am. Ord. 1995-10C, passed 10-16-95; Am. Ord. 2003-4B, passed 4-7-03; Am. Ord. 2003-10F, passed 10-12-03; Am. Ord. 2007-3A, passed 3-5-07; Am. Ord. 2015-10E, passed 10-20-15)