§ 152.001 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. For the purpose of these regulations, certain numbers, abbreviations, terms and words used herein shall be used, interpreted, and defined as set forth in this section. Words used in the present tense include the future tense. Words used in the plural number include the singular. The word HEREIN means in these regulations. The word REGULATIONS means these regulations. A PERSON includes a corporation, a partnership, and an incorporated association of person such as a club. The word SHALL is always mandatory. The words 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.
   ACCESSORY BUILDING. A subordinate structure, the use of which is incidental to that of the dominant use of the principal building or land.
   ADMINISTRATOR. The officer appointed by and or delegated the responsibility for the administration of these regulations by the Plan Commission. This term shall be construed to include those planning staff members working under the direction of the Administrator in the exercise of these responsibilities in regard to the processing of these subdivision regulations. The Administrator shall normally be the Executive Director of the City of Marion Advisory Plan Commission.
   ADVISORY PLAN COMMISSION. A Plan Commission established under the Advisory Plan Law as defined in the I.C. 36-7-4-600 (series), as amended, herein the City of Marion Advisory Plan Commission.
   AGENCY. See PUBLIC AGENCY.
   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 agent or his legal representative.
   ARTERIAL. Either a PRELIMINARY ARTERIAL or a SECONDARY ARTERIAL as defined in this section.
   BLOCK. A tract of land bordered by street, or by a combination of street and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of municipalities.
   BOND. Any form of security, including 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 these regulations.
   BUFFER LANDSCAPING. Any trees, shrubs, walls, fences, berms, or related landscaping features required under this chapter or the Zoning Ordinance on private lots and privately maintained for buffering lots from adjacent properties or public rights-of-way for the purpose of increasing sound and/or visual privacy. (See SCREENING also.)
   BUILDING. Any roofed structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.
   BUILDING PERMIT. A certificate issued by the Building Permit Official of a governing body permitting a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, or convert any building or structure within the City of Marion or cause the same to be done.
   BUILDING PERMIT OFFICIAL. That official of local government authorized to issue building permits.
   BUILDING. Any roofed structure built of the support, shelter or enclosure of persons, animals, chattels, or moveable property of any kind.
   CAPITAL IMPROVEMENTS PROGRAM. A proposed schedule of all future projects listed in order of construction priority together with cost estimated and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual local governments operating expenses, for the purchase, construction, or replacement of the more durable, longer lived physical assets for the community are included.
   CENTRAL SEWERAGE SYSTEM. A community water supply system, including existing and new wells and/or surface water sources and intakes, treatment facilities, and distribution lines and includes such of the above facilities established by the developer to serve a new subdivision.
   CENTRAL WATER SYSTEM. A community water supply system, including existing and new wells and or surface water sources and intakes, treatment facilities, and distribution lines and includes such of the above facilities established by the developer to serve a new subdivision.
   CERTIFICATE. The signed and attested document which indicated that a subdivision has been grated secondary approval by the Commission subsequent to proper public notice of its hearing.
   CHECKPOINT AGENCY. A public agency or organization called upon by the Commission to provide expert counsel with regard to a specific aspect of community development or required by law to give its assent before a subdivision may take place.
   COLLECTOR STREET. A street intended to move traffic from local streets to a secondary arterial. A collector street serves a neighborhood or large subdivision and should be designed so that no residential properties face onto it. No driveway access onto it is permitted unless the property is to be multifamily in the use for four or more dwelling units.
   COMMISSION. The City of Marion Advisory Plan Commission as referred to herein; not the Board of City Council, or any other commission unless to specified.
   COMMISSION ATTORNEY. The licensed attorney designated by the Commission to furnish legal assistance for the administration of this chapter or as provided by statute.
   COMPREHENSIVE PLAN. Inclusive physical, social, and economic plans and policies in graphic and verbal statement forms for the development of the city and the constituent communities within its planning jurisdiction; prepared and adopted by the Commission and other legally participating jurisdictions, where appropriate, pursuant to the stated acts and including a part.
   CONDOMINIUM. The division of a building and the related land into horizontal property interests meeting the requirements of and controlled by Indiana Statutes for condominiums as prescribed by I.C. 32-25-1 et seq.
   CONSTRUCTION PLAN. 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 the approval of the plat.
   COUNTY AUDITOR. That county official empowered to examine and settle all accounts and demands that are chargeable against the county and not otherwise provided for by statute.
   COUNTY GOVERNMENT. That governmental body of the county empowered to adopt planning and public policy ordinances of the County Commission, herein referred to only as the county.
   COUNTY HEALTH OFFICER. (See HEALTH OFFICER).
   COUNTY RECORDER. That county official empowered to record and file land description plats.
   CUL-DE-SAC. A local street with only one outlet and having an appropriate terminal for the ease and convenient reversal of traffic movement, including public safety vehicles.
   DEAD-END STREET. A street or a portion of a street with only one vehicular traffic outlet, and no turnaround at the terminal end.
   DESIGNATED OFFICIAL. Those officials of the Commission designated in this chapter as required signatories for the execution of secondary approval.
   DEVELOPER. The owner of land proposed to be subdivided or his representative. Consent for making applications for development approval shall be required from the legal owner of the premises.
   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 property for clearly specified purpose.
   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 City Auditor.
   EXEMPT DIVISION. (See definition of SUBDIVISION.)
   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, and which if approved and signed by the designated officials, may be submitted to the County Recorder for recording.
   FLOOD HAZARD AREAS. Those are shown on the Floodway-Flood Boundary Maps of the Federal Insurance Administration or maps provided to the Commission from the State Natural Resources Commission.
   FLOODPLAIN. The area adjoining a waterway or waterbody which has been or may hereafter be covered by flood waiver from the regulatory flood.
   FLOOD PROTECTION GRADE. The elevation of the lowest point around the perimeter of a building at which flood waters may enter the interior of the building.
   FLOODWAY. (See REGULATORY FLOODWAY).
   FLOODWAY FRINGE. Those portions of the Floodplain lying outside the Floodway, shown on the Floodway-Flood Boundary Maps of the Federal Insurance Administration.
   FOUNDATION. The supporting member of a wall or structure.
   FRONTAGE. That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot. Lots shall not be considered to front on dead- end ends of streets and in the case of corner lots will be considered to front on both intersecting streets.
   FRONTAGE STREET. Any street to be constructed by the developer or any existing street in which development shall take place on both sides.
   FRONT YARD. A yard as defined herein encompassing the horizontal space between the nearest foundation of a building to the right-of-way line and that right-of-way line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the right-of-way line. The front yard of a corner lot shall be that yard abutting the street upon which the lot has its least frontage.
   GOVERNING BODY. The body of the relevant local government having the power to adopt ordinances.
   GRADE. The slope of a street, or other public way, specified in percentage terms.
   HEALTH DEPARTMENT. The agency and persons designated by the county or a participating municipality to administer the health regulations within its jurisdiction.
   HIGHWAY, LIMITED ACCESS. A freeway or expressway providing for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such a highway.
   IMPROVEMENT. (See LOT IMPROVEMENTS or PUBLIC IMPROVEMENTS).
   INDIANA CODE. The Burns Indiana Statutes Code Edition, which codifies all Indiana Statutes for reference purposes. The latest edition with any amending supplements must be referred to for the laws now in force and applicable. (Usually abbreviated as I.C. herein).
   INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal system or any other approved sewage treatment device approved by the Health Department.
   INTERESTED PARTIES. Those parties who are the owner of properties adjoining or adjacent to the proposed development.
   JOINT OWNERSHIP. Joint ownership among persons shall be construed as the same owner; constructive ownership for the purpose of imposing subdivision regulations.
   LAND DIVIDER. The owner of a parcel of land to be further divided through an exempt division.
   LANDSCAPING. (See BUFFER LANDSCAPING, SCREENING, and SHADE TREES).
   LOCAL STREET. A street intended to provide access to other streets from individual properties and to provide right-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 of building development.
   LOT IMPROVEMENT. Any building, structure, work of art or other object or improvement of the land on which they are situated constituting a physical betterment of real property or any part of such betterment. Certain lot improvements shall be properly bonded as provided in these regulations.
   MAJOR STREET. A collector or arterial street.
   MAJOR STREET PLAN. (See OFFICIAL MAP).
   MAJOR SUBDIVISION. Any subdivision not classified as a minor subdivision, including, but not limited to a subdivision of four or more lots.
   MAP. A representation of a part of the earth’s surface, in sights and symbols, on a plane surface, at an established scale, with a method of orientation indicated.
   MARKER. A stake, pipe, rod, nail or any other object which is not intended to be a permanent point for record purposes.
   MASTER PLAN. (See COMPREHENSIVE PLAN).
   MINOR SUBDIVISION. Any subdivision containing not more than three lots fronting on an existing street which is an improved right-of-way maintained by the city (or other local government) not involving any new street or the extension of municipal facilities or the creation of any public improvements and not adversely affecting the remainder of the parcel or adjoining property and not in conflict with any provision or portion of Comprehensive Plan, Official Map, Zoning Ordinance or this chapter.
   MONUMENT. A physical structure which marks the location of a corner or other survey point.
   NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these regulations.
   OFF-SITE. Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
   OFFICIAL MAP. The map or maps established by the city pursuant to law showing the existing and proposed streets, highways, parks, drainage systems and setback lines therefore laid out, adopted and established by law and any amendments or additions resulting from the approval of subdivision plats by the Commission and the subsequent filing of such approved plats.
   OFFICIAL MASTER PLAN. (See COMPREHENSIVE PLAN).
   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, group of persons, firm or firms, corporation, or any other legal entity having legal title to or sufficient proprietary interest in the land to be subdivided under these regulations.
   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.
   PARTICIPATING JURISDICTION or PARTICIPATING MUNICIPALITY. A jurisdiction within a city having an Advisory Plan Commission which agrees to join such a Commission to undertake both planning studies and the administration of zoning, subdivision and other planning-related ordinances for that jurisdiction.
   PERIMETER STREET. Any existing street to which the parcel of land to be subdivided abuts on only one side.
   PLAN COMMISSION. The Advisory Plan Commission as established in accordance with Indiana law often referred to herein simply as the Commission. (Commission standing alone does not refer to the City Council).
   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 of right” under the city zoning ordinance. A PUD may still require under the ordinance a special review and approval process.
   PLAT. A map indicating the subdivision or re- subdividing of land filed or intended to be filed for record with the County 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.
   PRELIMINARY APPROVAL. An approval (or 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 series: Subdivision Control).
   PRELIMINARY ARTERIAL. A street intended to move through traffic to and from such major attractions as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas, and similar traffic generators within the city; and/or as a route for traffic between communities; a major thoroughfare.
   PUBLIC AGENCY. An agency or government department acting under the aegis of and representing an elected or appointed council, commission, or other policy-making or advisory body of federal, state, or local government to whom it is responsible.
   PUBLIC IMPROVEMENT. Any drainage ditch, street, highway, parkway, sidewalk, pedestrian-way, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. (All such improvements shall be properly bonded).
   REAR YARD. A yard, as defined herein, encompassing the horizontal space between the nearest foundation of a building to a rear lot line and that rear lot line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the rear lot line. The rear yard of a corner lot shall be that yard at the opposite end of the lot from the front yard.
   REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.
   REGISTERED PROFESSIONAL ENGINEER. An engineer properly licensed and registered in the State of Indiana or permitted to practice in Indiana through reciprocity.
   REGISTERED FLOOD. That flood having a peak discharge which can be equaled or exceeded on the average of once in a 100 year period, as calculated by a method and procedure which is acceptable to and approved by the State 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 Indiana Department of Natural Resources, reached by the regulatory flood at the locations in question relevant to 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 reasonable 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 Insurance Administration.
   RESTRICTIVE COVENANTS. Limitation of various kinds on the usage of lots or parcels of land within a subdivision which are proposed by the subdivider, and in the case of public health, safety and welfare by the Commission, that are recorded with the plat and run with the land.
   RE-SUBDIVISION. A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use or any lot line or setback; 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 a street, pedestrian-way, crosswalk, railroad, electric transmission line, or gas pipeline, water main, sanitary or storm sewer main, special landscaping, or for another special use. The usage of the term RIGHT-OF-WAY for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to separate and distinct from the lots or parcels adjoining such RIGHT-OF-WAY and not included within the dimensions or areas of such lots or parcels. RIGHTS- OF-WAY intended for streets, crosswalks, water mains, sanitary sewers, storm drains, screening or special landscaping, or any other use involving maintenance by a public agency shall be dedicated to public use by the subdivider on whose plat such right- of-way is established.
   ROAD(S). See STREETS.
   SALE or LEASE. Any immediate or future transfer or ownership or any possessor interest in land, including contract of sale, lease, devise, interstate succession, or transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, interstate succession, or other written instrument.
   SAME OWNERSHIP. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firm, partnerships, entities, or unincorporated associations, in which a stockholder, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.
   SCREENING. Either a strip of at least ten feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four feet high at the time of planting, of a type that will form a year- round dense screen at least six feet high. Where required by the zoning ordinance a screen shall be installed along or within the lines of a plot as a protection for adjoining or nearby properties. Earth berms may be incorporated as part of such screening measures where appropriate.
   SECONDARY APPROVAL. The stage of application for formal Plan 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 Recorder for filing.
   SECONDARY ARTERIAL. A street intended to collect and distribute traffic in a manner similar to preliminary arterials, except that these streets service minor traffic generating areas such as community commercial areas, preliminary and secondary educational plants, hospital’s major recreational areas, churches and offices and/or designed to carry traffic from collector streets to the system of privacy arterials.
   SETBACK. A line parallel to and equidistant from the relevant lot line (front, back or side) between which no buildings or structures may be erected as prescribed in the Advisory Zoning Ordinance.
   SHADE TREE. A tree in a public plat, special easement or right-of-way adjoining a street as provided in these regulations.
   SIDE LOT LINES. Any lines separating two lots other than front or rear lot lines.
   SPECIAL LANDSCAPING. Areas of tree planting, shrubs, or other landscape features serving a public purpose and maintained by the city. (See also BUFFER LANDSCAPING AND SCREENING).
   STATE ACTS. Such legislative acts of the State of Indiana as they affect these regulations.
   STREET, DEAD-END. A street or a portion of a street with only one vehicular-traffic outlet.
   STREET RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the center line of the street.
   STREETS, CLASSIFICATION. For the purpose of providing for the development of the streets, highways, and rights-of-way in the governmental unit, and for the future improvement, reconstruct, realignment, and necessary widening, including provision for curbs and sidewalks, each existing street, highway, and right-of-way, and those located on approved and filed plats, have been designated on the Official Map of the city or participating jurisdictions or Thoroughfare Plan and classified therein. The classification of each street, highway, and right-of-way is based upon its location in the respective zoning districts of the city and its present and estimated future traffic volume and its relative importance and function as specified in the Comprehensive Plan and or its Thoroughfare Plan component. The required improvements shall be measured as set forth for each street classification on the Official Map or Thoroughfare Plan and classified therein. The classification of each street, highway, and right-of-way is based upon its location in the respective zoning districts of the city and its present and estimated future traffic volume and its relative importance and function as specified in the Comprehensive Plan and/or its present and estimated future traffic volume and its relative importance and function as specified in the Comprehensive Plan and/or its Thoroughfare Plan component. The required improvements shall be measured as set forth for each street classification on the Official Map.
   STRUCTURE. Anything constructed or erected that requires location on or in the ground or is attached to something having a location on or in the ground.
   SUBDIVIDER. Any person who:
      (1)   Having a proprietary interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who
      (2)   Directly or indirectly sells, leases or develops, or offers to sell, lease or develop, or advertises for sale, lease or development, any interest, lot parcel site, unit or plat in a subdivision; or who
      (3)   Engages directly, or through an agent, in the business of selling, leasing, developing or offering for sale, lease or development a subdivision of any interest, lot, parcel, site, unit or plat in a subdivision; and who
      (4)   Is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing.
   SUBDIVISION. The division 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 or development 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 divisions of existing parcels of land are herein called exempt divisions and are classified into different Exempt I divisions must be one of the following types of division:
      (1)   A division of land into no more than four tracts, all of which comply with this chapter and the Zoning Code. The remaining piece, tract, lot and the like of ground after three splits or exemptions are approved is considered the four piece (see example below), any tract established before February 1992 is excluded from these requirements;
      (2)   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 other than for accessory buildings are created by the division;
      (3)   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;
      (4)   A division of land for federal, state or local government to acquire street right-of-way;
      (5)   A division of land for the transfer of a tract or tracts between adjoining lots, provided that no additional principal use building sites are created by the division; or
      (6)   A division of land into cemetery plots for the purpose of burial of corpses.
   SUBDIVISION AGENT. Any person who represents, or acts for or on behalf of a subdivider or developer, in selling, leasing, or developing, or offering to sell, lease, or develop any interest, lot, parcel, unit, site, or plat in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services and is not involved in developing, marketing or selling real property in the subdivision.
   SUBDIVISION, EXEMPT. (See SUBDIVISION).
   SUBDIVISION, MAJOR. (See MAJOR SUBDIVISION).
   SUBDIVISION, MINOR. (See MINOR SUBDIVISION).
   TEMPORARY IMPROVEMENT. Improvements built and maintained by a subdivider during construction of the subdivision and intended to be replaced by a permanent improvement prior to release of performance bond or turnaround improvements at the ends of stub streets intended to be replaced when the adjoining area is developed and the through street connection made.
   THOROUGHFARE PLAN. (See OFFICIAL MAP).
   YARD. A space on the same lot with 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. That ordinance setting forth the regulations controlling the use of land in the unincorporated areas and in those jurisdictions within the participating jurisdictions. Also referred to as the Advisory Zoning Ordinance.
(Ord. passed - -)