(A) Definitions.
ACQUISITION. The act of taking the land from its original owner by another party, with legal rights to take the real property.
DEDICATION. Conveyance of land to the town by deed with map exhibit or some other instrument of conveyance including a duly filed and recorded subdivision plat.
DEEDING. Refers to the legal document through which the town gains ownership over a property.
RIGHT-OF-WAY. Refers to an area of land appropriated for public use such as sidewalk, multi-use path, trail, driveway, alley, street, or highway or for any drainage or public utility purpose or other similar public uses or purposes.
THOROUGHFARE PLAN. Refers to the transportation plan or study included as part of the most recently adopted town comprehensive plan.
TRANSPORTATION FACILITY. Sidewalks, multi-use paths, trails, driveways, alleys, streets, highways, or another type of facility that moves people and/or goods from one place to another.
(B) Purpose and intent.
(1) This section establishes guidelines for the applicability, conformance, and extent for dedication and deeding of right-of-way.
(2) This section is essential to the preservation of existing and proposed transportation corridors that are expected to require improvements due to increasing traffic. A growing number of residential, commercial, and industrial developments strains the capacity of the existing transportation network. The acquisition of right-of-way necessary to support future transportation demand is a costly and possibly damaging process for community development. However, this section establishes the method by which the Town of Ingalls will systematically preserve the right-of-way as development occurs to minimize the cost of future transportation improvements.
(C) Applicability.
(1) Property owners shall be required to dedicate right-of-way to the town in accordance with the prescribed width per the Thoroughfare Plan. Dedication of right-of-way is to occur when it is found reasonably necessary to mitigate an impact or any future impact which is a result of a proposed development or redevelopment, for the improvement, use, or maintenance of the transportation system. Dedication of right-of-way is for transportation purposes as a condition of approval for new development or redevelopment.
(2) Right-of-way dedication shall be required in the following cases:
(a) To obtain the right-of-way reasonably necessary for the construction of frontage improvements (sidewalks, multi-use paths, trails, frontage roads, drainage, public utilities or other public uses) along the frontage of the development's parcel. This may include right-of-way necessary to attain sufficient intersection sight distance in accordance with the following publications and regulations:
1. Indiana Department of Transportation (INDOT) Driveway Permit Manual, latest edition; and
2. INDOT Design Manual.
(b) To obtain the right-of-way reasonably necessary for the construction of any other improvements, either along the frontage of the development or off-site, as may be required in the town's site approval process.
(c) To obtain the right-of-way reasonably necessary such that an existing offset road shall be located within right-of-way after the right-of-way dedication.
(d) To obtain the right-of-way reasonably necessary for maintenance of town transportation, drainage facilities, and/or public utility purposes.
(D) Extent, conveyance, and timing.
(1) All dedicated rights-of-way for any development shall conform to the minimum widths identified within the functional classification map.
(2) If determined to be necessary by the Town Manager or Plan Commission, all dedicated rights-of-way shall include minimal additional right-of-way along arterial and collector classified roadways as necessary to accommodate turn pockets and/or passing blisters.
(3) If the property owner only controls the property on one side of the transportation facility, then satisfactory right-of-way shall be dedicated in order to bring the applicable half of the right-of-way up to the widths required in the functional classification map. The Town Manager or Plan Commission shall determine the satisfactory right-of-way necessary, accounting for overall right-of-way limitations and constrains, such as, but not limited to, the impact on adjacent historic and natural resources.
(4) When right-of-way is required to be dedicated, it shall be conveyed by warranty deed or another form of conveyance. If requested by the Town Manager or Plan Commission, all warranty deeds and other documents of conveyance or dedication of right-of-way must be accompanied by a title report effective as of the date of conveyance shown on the deed or other document of conveyance. The description on the deed or other document of conveyance must match the legal description on the title report. The warranty deed or other document of conveyance may be accepted on behalf of the town by the Town Manager or Plan Commission.
(5) The town shall only accept rights-of-way which have a clear title.
(6) Required right-of-way must be conveyed to and accepted by the town prior to issuance of any building permit. If the right-of-way dedication is in conjunction with a subdivision, the dedication process required as part of the final plat process shall be followed.
(7) When necessary, the town may begin eminent domain proceedings in accordance with I.C. 32-24, as amended. Upon completion of the eminent domain proceedings, the property owner shall reimburse the town in an amount equal to the price paid by the town for the public right-of-way and associated professional and legal expenses, anything that had to be condemned within the acquired right-of-way, and anything for which the town paid the price of relocation.
(Ord. 032221A, passed 4-12-2021)