(A) Interpretation. For the purpose of these regulations, certain words or terms herein shall be interpreted as follows:
(1) The word PERSON includes a firm, association, organization, partnership, trust, company, or corporation or other legal entity as well as an individual;
(2) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular;
(3) The word SHALL or MUST is a mandatory requirement, the word MAY is a permissive requirement, and the word SHOULD is a preferred requirement;
(4) The words USED or OCCUPIED include the words INTENDED, DESIGNED, CONSTRUCTED, CONVERTED, ALTERED, or ARRANGED TO BE USED OR OCCUPIED;
(5) The word LOT includes the words TRACT, PLOT, or PARCEL; and
(6) Any word or term not defined herein shall be given a meaning found in a standard English dictionary.
(B) Definitions. This section explains the meaning of the more important terms used in the text of these regulations. A graphic illustration of certain definitions is provided in the Appendix. Any zoning, drainage or erosion control terms or words used in the text of these regulations but not defined herein shall have the meaning as defined by the Town of Monrovia Zoning Ordinance or the Town of Monrovia Drainage, Erosion, and Sediment Control Ordinance.
AASHTO. American Association of State Highway and Transportation Officials.
ACCELERATION LANE. An added roadway lane which permits integration and merging of slower moving vehicles into the main vehicular stream.
ACCESS ROAD. A street designed to provide vehicular access to abutting property.
ACRE. A measure of land area containing 43,560 square feet.
ADMINISTRATIVE OFFICE. The business office the Town of Monrovia.
ALLEY. A right-of-way, other than a street, road, crosswalk, or easement, designed to provide a secondary means of access for the special accommodation of the property it reaches.
AMENDMENT. A change to a recorded final plat generally affecting the total subdivision.
APPLICANT. The owner of real estate or an authorized agent of the owner, who makes application to the Town of Monrovia for action by the Commission affecting the real estate owned thereby.
APPLICATION. A form completed as specified by these regulations and all accompanying documents required by these regulations for approval for the application.
BLOCK. A unit of land bounded by streets or by a combination of streets and public land, railroad right-of-ways, waterways, or any other barrier to the continuity of development.
BOND. A surety bond or instrument of credit in a form satisfactory to the Council.
BUFFER STRIP. Land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.
BUILDABLE TRACT. A parcel of land which is eligible for an improvement location permit in its current form without further subdivision approval.
BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
BUILDING CODE. The town ordinance establishing and controlling the standard for constructing buildings, utilities, mechanical equipment and all forms of structures and permanent installations and related matters, within the town. Also referred to herein as the Building Code of the Town of Monrovia, Indiana, Ord. 1987-13, and amendments thereto.
BUILDING PERMIT. Written permission issued by the Building Commissioner for the construction, repair, alteration, or addition to a structure.
BUILDING SITE. An area proposed or provided by grading, filing, excavating, or other means for erecting pads, slabs, or foundations for buildings.
CATCH BASIN. An inlet designed to intercept and redirect surface waters.
CENTRAL SEWERAGE SYSTEM. An approved sewage disposal system which provides a collection network and central sewage treatment facility for a single development, community or region.
CENTRAL WATER SYSTEM. A system for common water distribution whether publicly or privately owned and operated.
CERTIFICATE OF OCCUPANCY. A document issued by the Building Commissioner allowing the occupancy or use of a building and certifying that the structure or use has been constructed and will be used in compliance with all applicable town codes and ordinances.
CLERK-TREASURER. That town official empowered to examine and settle all accounts and demands that are chargeable against the town and not otherwise provided for by statute.
COMMISSION. The Plan Commission of the Town of Monrovia, Indiana established as defined under I.C. 36-7-4-102.
COMPREHENSIVE PLAN. A plan, or any portion thereof, adopted by the Council, showing the general location and extent of present and proposed physical facilities including residential, industrial, and commercial uses, major streets, parks, schools, and other community facilities. This plan establishes the goals, objective, and policies for the physical development of the town.
CONDOMINIUM. The division of 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.
CONDOMINIUM ASSOCIATION. The community association which administers and maintains the common property and common elements of a condominium development.
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 these regulations and the conditions of the approval of the plat.
CONTOUR MAP. A map that displays the land elevations in graphic form; a topographic map.
CONTROL OF ACCESS. The condition where the right of owners or occupants of abutting land or of other persons, to access, including its location onto connecting streets, is fully or partially controlled by public authority, including the Commission.
COUNCIL. The Town Council of the Town of Monrovia.
COUNTY HEALTH DEPARTMENT. The Health Department of Morgan County, Indiana.
COUNTY HEALTH OFFICER. The medical doctor, or his or her authorized representative, authorized to administer the health regulation within the county.
CUL-DE-SAC. A local street or relatively short length with 1 end open to traffic and the other end terminating in a vehicular turnaround.
CULVERT. A drain or conduit not incorporated in an enclosed system that carries storm water under a driveway, roadway, railroad, pedestrian walk or public way.
CURB. A concrete boundary usually marking the edge of the roadway or paved area.
CURB CUT. The opening along the curb line at which point vehicles may enter or leave the roadway.
DEDICATION. The setting apart of land or interest in land for public use by the recording of the plat, an ordinance, resolution, entry in the official minutes, or express manifestation on the part of the owner.
DEVELOPER. Any person engaged in developing a lot or a group of lots or structures for use or occupancy.
DIRECTOR OF PLAN COMMISSION. Director as appointed by Council.
DRAINAGE. Surface water runoff and the removal of water from land by drains, grading or other means during and after construction or development.
DRAINAGE AND UTILITY EASEMENT. An easement specifically provided for the installation of required drainage improvements, sanitary sewer and water lines and other utilities. The easement shall provide access to the utility location easements.
EASEMENT. An authorization or grant by a property owner to a specific person, the general public, utilities or other entities for the purpose of providing the services or access to the property or other properties.
EGRESS. An exit.
ELEVATION. A vertical distance above or below a fixed reference level or a flat scale drawing of the front, rear, or side of a building.
EXCAVATION. Remove by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the land surface thereof, whether exposed or submerged.
EXISTING GRADE OR ELEVATION. The vertical location of the ground surface prior to excavating or filling.
FINAL PLAT. A diagram drawn to scale showing all essential data pertaining to the boundaries and subdivision of a tract of land in accordance with the provisions of this chapter.
FINISHED ELEVATION. The proposed elevation of the land surface of a site after completion of all site preparation work.
GRADE. The slope of a road, street, swale, storm sewer, or other public improvements, specified in terms of gradient percentage (%).
GRADIENT. The rising or descending by regular degrees.
HOMEOWNERS ASSOCIATION. A corporation or other entity that is organized and operated exclusively for the benefit of 2 or more persons who each own a dwelling in fee simple and acts in accordance with the articles, bylaws, and other documents governing the entity. COMMUNITY ASSOCIATION and BUSINESS PARK ASSOCIATIONS are included in this definition.
IDEM. Indiana Department of Environmental Management.
IDNR. Indiana Department of Natural Resources.
IMPROVEMENT LOCATION PERMIT. A permit stating that the proposed erection, construction, enlargement or moving of a building or structure referred to therein complies with the provisions of the Zoning Ordinance.
INDIANA CODE. The document 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.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. All equipment and devices necessary for the proper conduction, collection, storage and treatment for the on-site disposal of sewage.
INDOT. Indiana Department of Transportation.
INGRESS. Access or entry.
JURISDICTIONAL AREA. The incorporated area of the and town, and other areas as approved by the Town Council.
LANDSCAPE. An expanse of natural scenery including the addition of lawns, trees, plants, and other natural and decorative features of land.
LEGAL DRAIN. Any drain that has been accepted and is maintained by the Morgan County Drainage Board in accordance with the 1965 Drainage Act and its amendments.
LOCAL ROADS. Streets which provide access to adjacent land, including any street not classified as an arterial or collector street
MAINTENANCE GUARANTEE. Any security which may be required and accepted by the Council to assure that necessary improvements will function as required for a specific period of time.
MAJOR COLLECTOR ROADS. Streets which:
(a) Serve all, or virtually all population centers of 1,000 or more, as well as provide service to any county seat not on an arterial route, and to other traffic generators of inter-county importance, such as consolidated schools, shipping points, town parks, important mining and agricultural areas;
(b) Link above places with nearby larger towns or cities or with routes of high classification; and
(c) Serve the most important travel corridors.
MAJOR STREET. A major street as used in these regulations includes a minor arterial, major collector and minor collector as defined by the Town of Monrovia Thoroughfare Plan. A MAJOR STREET would also include any state or federal route.
MAJOR SUBDIVISION. A subdivision of a parcel of land into more than 3 residential, commercial, or industrial lots or any size subdivision requiring any new street.
MINOR ARTERIAL ROADS. Streets which:
(a) Link cities and larger towns (and other traffic generators, such as major resort areas, that are capable of attracting travel of similarly long distances) and form an integrated network providing interstate service and service between towns;
(b) Serve all, or virtually all, urban areas with a population of 5,000 or more. The system serves an urban area if it either enters or is located within 2 miles of the urban boundary;
(c) Are spaced at intervals, consistent with population density, so that all developed areas of the state are within a reasonable distance of an arterial highway;
(d) Provide services to corridors with trip length and travel density greater than those predominantly served by rural collector or local systems. Minor design should be expected to provide for relatively high overall travel speeds with minimum interference to through movement; and
(e) Principal, plus minor, arterial systems should contain 6-12% of total rural miles, with most states falling the 7-10% range.
MINOR COLLECTOR ROADS. Streets which:
(a) Are spaced at intervals, consistent with population density, to collect traffic from local roads and bring all developed areas within a reasonable distance of a collector road;
(b) Provide service to the remaining smaller communities; and
(c) Link the locally important traffic generators with rural areas. Major, plus minor collectors, should contain 20-25% of total rural miles.
MINOR SUBDIVISION. The subdivision of a parcel of land into not more than 3 residential, commercial, or industrial lots. The parcel shall abut upon an existing street which is an improved right-of-way maintained by the town or other governmental entity and not involving any new street.
MONUMENT. Any permanent marker either of concrete galvanized steel pipe, or iron or steel rods used to identify the location of a property corner or other survey point.
NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial or other public uses. A nonresidential subdivision shall comply with the applicable provisions of these regulations.
ORDINANCE. A Council-adopted law or regulation, including any amendment or repeal of the same.
OWNER. A person having sufficient proprietary interest to seek development of land.
PARCEL. A lot or tract of land.
PARK. A tract of land designated and used by the public for active and passive recreation.
PAVEMENT. That part of a street having an improved surface of brick, paving stone, concrete, or asphalt placed on the surface of the land.
PERIMETER DRAIN. A perforated drain required around an on-site sewage disposal system.
PERMEABILITY. The ease with which air, water, or other fluids can move through soil or rock.
PLAT. A diagram drawn to scale representing a tract of land, subdivision or site plan showing the boundaries and locations of individual properties and streets.
PLAT REVISION. A change to an approved, unrecorded plat not involving a significant change from the primary approval.
PRIMARY APPROVAL. An approval granted to an applicant by the Commission after having determined in a public hearing that the subdivision complies with the standards prescribed in these regulations as defined by I.C. 36-7-4-702, prior to secondary approval.
PUBLIC IMPROVEMENT. Any improvement, facility or service, together with its associated public site or right-of-way, necessary to provide transportation, drainage, public or private utilities, energy or similar essential services, and maintained by the proper agencies.
PUBLIC HEARING. A meeting announced and advertised in advance and open to the public with the public given an opportunity to appear and be heard.
PUBLIC MEETING. A meeting announced and advertised in advance and open to the public. The public may or may not be heard.
PUBLIC NOTICE. The advertisement of a public hearing in a paper of general circulation in the area indicating the time, place, and nature of the public hearing as required by I.C. 36-7-4-706, or the posting of a public meeting notice as required by the I.C. 5-3-1.
PUBLIC UTILITY. Any entity providing essential services whether town owned, municipally owned, investor owned or subscriber owned under the jurisdiction of the Indiana Utility Regulatory Commission.
PUBLIC UTILITY FACILITY. All facilities, equipment and structures necessary for conducting a service by a government or a public utility.
PUBLIC SEWER. Any system, other than an individual sewage disposal system, that is operated by a municipality, governmental agency, or public utility for collection, treatment and disposal of wastes.
PUBLIC WATER SYSTEM. Any system, other than an individual well, that is operated by a municipality, governmental agency, or public utility for the furnishing of potable water.
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 through reciprocity, permitted to practice in Indiana.
REPLAT. A change to a portion of a recorded plat affecting a small number of lots, generally dealing with lot line locations, building setback lines, or easements.
RESTRICTIVE COVENANT. A private agreement restricting the use and occupancy of real estate which is a part of the conveyance and is binding on all subsequent purchasers.
RESUBDIVISION. A revision to a previously approved plat or an amendment to a previously recorded plat.
SANITARY SEWER. A pipe that carries sewage and into which storm, surface and ground waters are not intentionally admitted.
SECRETARY OF THE PLAN COMMISSION. A person appointed by the Director of the Plan Commission.
SCREENING. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.
SIDEWALK. A paved, surfaced or leveled area, usually parallel to and separate from the street, used as a pedestrian walkway.
SKETCH PLAN. A rough map of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
SOIL AND WATER CONSERVATION DISTRICT. A governmental agency that provides advice to communities, agencies and individuals within its jurisdiction, and reviews development proposals for soil erosion and sediment control measures.
SOIL MAP. A map delineating soil types that are part of a Soil Conservation Service soil survey of the County.
SPECIFICATION. A detailed instruction which designates the quality and quantity of materials and workmanship expected in the construction of a structure.
STREET. A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way.
STREET CLASSIFICATION SYSTEM. A hierarchy of roads as shown on the Thoroughfare Plan and designated in the Comprehensive Plan to be used for the development and improvement of the town street system.
SUBDIVISION. The division of a parcel of land into 2 or more lots, parcels, sites, units, plats, or interests for the purpose of 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 and development of land zoned for residential, commercial, and industrial uses, whether by deed, metes and bounds description, lease, map, plat, intestacy, device or other recorded instrument. The following kinds of division of existing parcels of land are exempt from this chapter:
(a) A division of land into 2 or more tracts all of which are at least 5 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 for the acquisition of street right-of-way or easement;
(d) A division of land for the sale or exchange of tracts between adjoining land owners, provided that no additional building site other than for accessory buildings are created by the division;
(e) A division of land into cemetery plots for the purpose of burial of corpses; and
(f) A division of land to be subdivided for agricultural use only, provided that no additional building site is created by this division.
SUBDIVISION STREET. A road which provides access to lots within a subdivision that is constructed by a developer and is generally dedicated to the town for maintenance.
SUBSURFACE DRAIN. A perforated drain required parallel to a street and surrounded by stone.
TEMPORARY CUL-DE-SAC. A turnaround located at the end of a stub street intended to be replaced when the adjoining area is developed and a through street connection is made.
TEMPORARY IMPROVEMENT. An improvement built and maintained by a developer during construction of a subdivision which is intended to be replaced by a permanent improvement or removed prior to release of the performance guarantee.
THOROUGHFARE MAP. A legally adopted map that indicates the location of existing or proposed thoroughfares, including their street classification, alignment, and rights-of-way.
TILE DRAIN. A perforated drain required parallel to a swale or ditch.
TOPOGRAPHY. The configuration of a surface area showing relative elevations.
TOWN. The Town of Monrovia, Indiana.
TOWN ATTORNEY. The licensed attorney designated by the Council to furnish legal assistance for the town.
TOWN ENGINEER. The certified professional engineer or firm appointed by the town to furnish engineering assistance in the administration of these regulations.
TOWN MANAGER. The Town Manager for the Town of Monrovia.
TOWN STREET SUPERINTENDENT. That town official appointed by the town responsible for planning, directing, and managing Highway Department operations, bridge crews, and activities of the town garage.
TOWN STAFF or TOWN PLAN COMMISSION STAFF. Staff as appointed by Plan Commission.
UNIMPROVED LAND. Land in its natural state before development.
UTILITY LOCATION EASEMENT. An easement provided solely for the purpose of placing the utility lines such as electric, gas, water and communication.
VICINITY MAP. A drawing which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the town in order to better locate and orient the area in question.
WAIVER. A variance of the provisions of these regulations which would result in unnecessary and undue hardship as determined by the Commission.
WALKWAY. A dedicated public or private way for pedestrian and nonmotorized vehicular use only.
(Ord. passed 10-11-2004)