(A) Title. This subchapter shall be formally known as the "Lowell Subdivision Control Code," and it may be cited and referred to as the "subdivision regulations" or "subdivision control code" or this "subchapter."
(B) Defined words and construction.
(1) The definitions contained in this section shall be observed and applied in the interpretation of all provisions included in this subchapter, except where the context clearly indicates otherwise.
(a) Words used in the present tense shall include the future;
(b) Words used in the singular number shall include the plural and the plural the singular;
(c) Words used in the masculine gender shall include the feminine;
(d) The word
SHALL is mandatory, not discretionary;
(e) The word
MAY is permissive;
(f) The word
LOT shall include the words TRACT and PARCEL;
(g) The word
BUILDING includes all other structures of every kind regardless of similarity to buildings;
(h) The phrase
USED FOR shall include the phrase ARRANGED FOR, DESIGNED FOR, INTENDED FOR, MAINTAINED FOR, and OCCUPIED FOR;
(i) The word
PERSON includes a corporation, firm, partnership or similar, as well as an individual;
(j) All measured distances shall be to the nearest integral foot;
(k) Parenthetical words or statements are integral parts of the definitions in which they are located;
(l) Any words not defined in this division shall be construed in their generally accepted meanings as defined by standard dictionaries.
(2) The following rules of construction shall apply to this subchapter:
(a) This document includes, but is not limited to the Land Use and Development Code, the Subdivision Control Code and the Building Code.
(b) This document has been adopted as a unified code, but each part may exist outside of this document if appropriate definitions are provided. The effective date and other basic and administrative provisions of each of the included codes is defined in those codes.
(C) Authority. This subdivision control code is adopted by the town pursuant to its authority under IC 36-7-4 et seq.
(D) Jurisdiction. This subchapter shall apply to all land within the jurisdiction of the Plan Commission, being all portions of the incorporated town not in the ownership of the state or federal government and to any area for which the town has established an extended jurisdiction consistent with the provisions of Indiana law. This subchapter, which was enacted pursuant to Indiana home rule and planning enabling legislation (IC 36-1-3-4 and 36-7-4-700 series, as amended), authorizes the Advisory Plan Commission to review and approve or disapprove plats for subdivisions within the jurisdiction defined above.
(E) Purpose. The purposes of the subdivision regulations are to protect and promote public health, safety, and general welfare, and to:
(1) Provide guidance for future growth and development in accordance with the Comprehensive Plan and applicable codes;
(2) Provide protection for the character and the social and the economic stability of all parts of the town;
(3) Encourage the orderly and beneficial development of the town;
(4) Provide protection and conservation of the value of land, structures, and other improvements to the land;
(5) Discourage conflicts between the uses of land and structures;
(6) Avoid scattered, illogical, and uncontrolled subdivisions of land that would result in the imposition of an excessive expenditure of public funds for the distribution or supply of infrastructure and/or services;
(7) Establish reasonable standards and procedures for subdivisions and re-subdivisions, in order to further the orderly layout and use of land;
(8) Ensure proper legal descriptions, legal recording, and monumenting of subdivided land;
(9) Prevent the pollution of air, water, and soil;
(10) Ensure the provision of drainage facilities, the safeguarding of the water table, and the protection from flooding or the causing of increased risk of flooding;
(11) Encourage the protection of natural resources in order to preserve the integrity, stability, natural beauty, topography, and the value of land;
(12) Plan for a balance between land uses, natural resources, open spaces, recreation, and public ways that is beneficial to the community as a whole, both currently and in the future;
(13) Cause the cost of design and installation of improvements in new, platted subdivisions to be borne by the developer and persons purchasing the lots, and to avoid any direct or indirect burden placed upon adjacent property owners or the town as a whole; and
(14) To cause the petitioner to bear all costs associated with the approval process, development process, and inspection process.
(F) Compliance. No person shall divide, record, transfer or sell any parcel before the proposed subdivision has been approved in accordance with the processes and provisions of this subchapter, and filed with the County Recorder, unless otherwise specified by this subchapter.
(1) Subdivision defined. The division of any lot for the purpose of sale, transfer, gift, or lease resulting in the creation of one or more new building sites shall be considered a subdivision and shall be subject to the requirements of this subchapter.
(2) Public safety. Land to be subdivided and developed must be able to be done so without adversely affecting public safety, welfare, or health from flooding or other menace.
(3) Accessibility. Land shall not be subdivided unless appropriate road access is demonstrated to be possible.
(4) Public facilities. Land shall not be subdivided unless all required public facilities are in place, or improvements and proper provisions have been planned and a surety given by the petitioner to meet all requirements for drainage, water, sewerage, and transportation facilities adequate for serving the subdivision. The general requirements of public schools, local police and fire departments, and other public service providers may also be considered.
(5) Plan Commission approval. No plat or re-plat of a subdivision of land located within the jurisdiction of the Plan Commission shall be recorded until it has been approved by the Commission, and such approval has been certified on the plat by the President and Secretary of the Commission.
(6) Permitted uses. No land shall be subdivided unless the intended use of the individual lot is in conformance with this chapter , now or hereafter adopted.
(7) Natural/historic features. In all subdivisions, due regard shall be given to the preservation of historical sites and natural features such as large trees, water courses, wetlands, floodways, and scenic views.
(8) Permits. No improvement location permit or certificate of occupancy shall be issued for any parcel or plat of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of these subdivision regulations. No excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with the regulations contained herein and in conformity with all additional construction standards adopted by the town.
(9) Legal non-conforming subdivisions. Any parcel surveyed, recorded, sold, leased, contracted for, or transferred prior to the effective date of this chapter that was officially approved and met all the requirements of the subdivision code, or subdivision codes in effect at the time the proposed building site was established, and was recorded will be a grandfathered or legal nonconforming subdivision.
(G) Exemptions. The following subdivisions of land are exempt from the provisions of this subchapter subject to the specifications of this section. All exempt divisions shall be recorded through metes and bounds legal descriptions in the office of the County Recorder.
(1) Legal description correction. 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 are created, and no additional public improvements are required or created;
(2) Right-of-way acquisition. A division of land for federal, state, or local government to acquire right-of-way.
(H) Replats.
(1) For any change in an approved or recorded subdivision plat, if such change affects any street layout shown on such plat, creates an additional building site, reduces the size of any lot, or alters any right-of-way or easement; such change shall be reviewed by the Plan Commission by the same procedure and regulations as for a major subdivision plat.
(2) For any change in an approved or recorded subdivision plat, if such change results in only the combination of two or more lots, or the division of a lot between adjoining property owners in a manner that does not result in the creation of an additional building site, partial remaining tract, or lot in violation of the provisions of the zoning code, such change shall be reviewed by the Technical Review Committee consistent with the provisions of § 155.191 for petitions for which the TRC has approval authority.
(I) Severability. If any provision or the application of any provision of this subchapter is held unconstitutional or invalid by the courts, the remainder of the subchapter or the application of such provision to other circumstances shall not be affected.
(J) Interpretation. The provisions of this subchapter shall be the minimum requirements necessary for the protection of the health, safety, comfort, morals, convenience, and general welfare of the people at large. The provisions are also designed to establish and maintain reasonable community standards for the physical environment. If two or more provisions within this subchapter are in conflict or are inconsistent with one another, then the provision which is most restrictive shall control.
(K) Application. When this subchapter along with private covenants, private contracts, commitments, permits, agreements, state laws, federal laws, or other regulations regulates a structure or parcel of land, the greater restriction shall control.
(1) Public provisions. These regulations are not intended to interfere with, abrogate, or annul any other code, rule, regulation, statute, or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other code, rule, regulation, or other provision of law; whichever provisions are more restrictive or impose higher standards shall control.
(2) Private provisions. These regulations are not intended to abrogate any easement, covenant, or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirement of these regulations, and such private provisions are not inconsistent with these regulations, then such private provisions shall be supplemental to these regulations. (Note: Private provisions can only be enforced privately, unless a public agency has been made party to such agreements.)
(L) Saving provision. This subchapter shall not be construed as eliminating or reducing any action now pending under, or by virtue of, an existing law or previous subdivision code. Also, this subchapter shall not be construed as discontinuing, reducing, modifying, or altering any penalty accruing or about to accrue.
(M) Repealer. The Subdivision Control Code of March 28, 1992 and all subsequent amendments are hereby repealed. This subchapter shall replace the repealed code as of the effective date.
(N) Transition rules.
(1) Subdivision regulations. Any subdivision either fully approved or submitted and docketed for a public hearing prior to the adoption of this subchapter shall be regulated by the terms and conditions of the subdivision control code which were in place at the time of the approvals. However, all administrative procedures and penalties shall follow those set forth by this subchapter.
(2) Permit applications. Any application for an improvement location permit which has been filed with the Plan Commission or its designees and which is full and complete, prior to the effective date of this subchapter, shall be regulated by the terms and conditions of the subdivision control code which was in place at the time of filing. However, all administrative procedures and penalties shall follow those set forth by this subchapter.
(3) Property splits. All new building sites shall meet the requirements of this subchapter unless:
(a) An improvement location permit for the site has been issued and is still valid; or
(b) A parcel was approved as a buildable lot by the Plan Commission or the Board of Zoning Appeals prior to the effective date of this subchapter.
(4) Previous approvals. All plats and other petitions regulated by this subchapter which were approved prior to the effective date of this subchapter and not yet executed shall expire and become void one year following the effective date of this subchapter. All approvals which expire and/or become void shall comply with all applicable provisions of this subchapter if re-issued.
(O) Amendments.
(1) In accordance with IC 36-7-4-602, the legislative body may amend or partially repeal the text of this subchapter. The Town Council or the Plan Commission may initiate a proposal to amend or partially repeal the text according to the procedure of IC 36-7-4-602(b) and 36-7-4-607 and according to the Plan Commission rules and procedures.
(2) In its review of the text amendments, the Board and the Plan Commission shall pay reasonable regard to:
(a) The most recently adopted comprehensive plan;
(b) The most recently adopted land use and development code;
(c) The current conditions and character of structures and uses in each district;
(d) The most desirable use for which the land is each district is adapted;
(e) The conservation of property values throughout the town;
(f) Responsible development and growth; and
(g) The public health, safety and welfare.
(Ord. 2013-02, passed 3-11-13)