For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A subordinate structure, the use of which is incidental to that of the dominant use of the primary building or land.
ADMINISTRATOR. The officer appointed by and/or delegated the responsibility for the administration of these regulations by the Area Plan Commission, normally construed to mean the Executive Director/Secretary of the Area Plan Commission. This term shall be construed to include those planning staff members working under the direction of the ADMINISTRATOR in the exercise of his or her responsibilities in regard to the processing of these subdivision regulations.
AGENCY. See PUBLIC AGENCY.
ALLEY. A public or private street 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 or her agent or his or her legal representative.
AREA PLAN COMMISSION. A multiple jurisdictional plan commission established as defined under the I.C. 36-7-4-102 (1983) as amended. In the context of this chapter, the Posey County Area Plan Commission.
ARTERIAL. Either a PRIMARY ARTERIAL or a SECONDARY ARTERIAL as defined in this section.
AVERAGE DENSITY PROCEDURES. Procedures for calculating overall density of development prescribed in the zoning ordinance as a flexible tool for maintaining overall densities while allowing individual lot sizes to vary from the minimum sizes allowed in a given zone.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
BOND. Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Area Plan Commission. All BONDS (or equivalent financial instruments) shall be approved by the Area Plan 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 buffeting lots from adjacent properties or public rights-of-way for the purpose of increasing sound and/or visual privacy. (See also SCREENING).
BUILDING. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.
BUILDING CODE. That county ordinance or group of ordinances establishing and controlling the standards for constructing buildings, utilities, mechanical equipment and all forms of structures and permanent installations and related matters, within the county. Also referred to herein as the County Building Code.
BUILDING PERMIT. A certificate issued by the building permit official of the jurisdiction permitting a person, firm or corporation to erect, construct, enlarge, alter repair, move, improve, remove, convert, or demolish any building or structure within its jurisdiction, or cause the same to be done.
BUILDING PERMIT OFFICIAL. That official of local government authorized to issue building permits.
CAPITAL IMPROVEMENTS PROGRAM. A proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual local government’s operating expenses, for the purchase, construction, or replacement of the more durable, longer lived physical assets of the community are included.
CENTRAL SEWERAGE SYSTEM. A community sewer system including collection and treatment facilities established by the developer to serve a new subdivision or an existing public sewer system.
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 indicates that a subdivision has been granted secondary approval by the Area Plan Commission subsequent to proper public notice of its hearing.
CHECKPOINT AGENCY. A public agency or organization called upon by the Area Plan Commission to provide expertise with regard to a specific aspect of community infrastructure 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 secondary arterials. (A COLLECTOR STREET serves a neighborhood or large subdivision and should be designed so that no residential properties face onto it and no direct residential driveway access to it is permitted unless the property is for multi-family use for four or more dwelling units).
COMMISSION. The Posey County Area Plan Commission as referred to herein; not the Board of County Commissioners, or any other commission unless so specified.
COMMISSION ATTORNEY. The licensed attorney designated by the Area Plan 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 verbal statement forms for the development of the county (and the constituent communities within its planning jurisdiction), prepared and adopted by the Area Plan Commission and other legally participating jurisdictions pursuant to the state acts, and including any part of such plan and/or policies separately adopted and any amendment to such plan and/or policies, or parts thereof.
CONDOMINIUM. The division of building(s) and the related land into horizontal property interests meeting the requirements of and controlled by the Indiana statutes for condominiums as prescribed by the I.C. 32-1-6-1 through 32-1-6-31.
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 the approval of the plat.
COUNTY ATTORNEY. The licensed attorney designated by the legally authorized body to furnish legal assistance for the administration of these regulations in lieu of the Area Plan Commission having its own attorney.
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 the statute.
COUNTY BUILDING CODE. See BUILDING CODE.
COUNTY COMMISSION or COUNTY BOARD OF COMMISSIONERS. Referred to herein as simply, the county so as not to be confused with the Area Plan Commission, referred to here in simply as the County Commission.
COUNTY DESIGN REVIEW BOARD. A board established by the county to provide technical services to the Area Plan Commission in the administration of these regulations.
COUNTY ENGINEER. The licensed engineer designated by the county to furnish engineering assistance in the administration of these regulations. (The person also referred to as the County Highway Engineer and Drainage Engineer or designee).
COUNTY GOVERNMENT. That governmental body of the county empowered to adopt planning and public policy ordinances: the County Commission, here in referred to only as the county.
COUNTY HEALTH OFFICER. See HEALTH OFFICER.
COUNTY HOUSING CODE. See HOUSING CODE.
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 safe and convenient reversal of traffic movement including public safety vehicles.
DEAD-END STREET. A street or portion of a street with only one vehicular traffic outlet.
DEPARTMENT. See PUBLIC AGENCY.
DESIGNATED OFFICIALS. Those officials of the Area Plan Commission designated in the subdivision ordinance as required signatories for the execution of secondary approval.
DEVELOPER. The owner of land proposed to be subdivided or his or her representative. Consent for making applications for development approval shall be required from the legal owner of ths 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 oy another of any designated part of his or her property for a clearly specified purpose(s).
ESCROW. A deposit of cash with the Area Plan Commission in lieu of an amount required and still force on a performance or maintenance bond. Such ESCROW funds shall be held by the County Auditor.
EXEMPT DIVISIONS. See definition of SUBDIVISION.
FINAL PLAT. The map, or plan described in this chapter of a subdivision and any accompanying material submitted to the Area Plan Commission for secondary approval, and which, if approved and signed by the designated officials, may be submitted to the County Recorder for filing.
FLOOD HAZARD AREAS. Those flood plains which have not been adequately protected from flooding by the regulatory flood by means of dikes, levees, or reservoirs, and are shown on the floodway-flood boundary maps of the Federal Insurance Administration or maps provided to the Area Plan Commission from the State Natural Resources Commission.
FLOOD PLAIN. The area adjoining the river or stream which has been or may hereafter be covered by flood water 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. All plumbing, electrical, heating and cooling equipment must be located above this grade including all habitable floors.
FLOODWAY. See REGULATORY FLOODWAY.
FLOODWAY FRINGE. Those portions of the flood hazard areas 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.
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 the least frontage.
FRONTAGE. That side of a lot abutting on a street or way and ordinarily regarded as the front lot line. Lots shall not be considered to front on stub ends of streets and in the case of corner lots will be considered to front on both intersecting streets. (In the case of single-family detached and attached dwelling units, no access for any one lot is permitted to more than one street and that street generally will be the one calculated to have lower traffic volumes and less frequent intersections. In the case of multi-family dwelling units and nonresidential development, more than one street access may be permitted depending on the lot frontage, density and intensity of the use).
FRONTAGE STREET. Any street to be constructed by the developer or any existing street in which development shall take place on both sides.
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 AND (COUNTY) HEALTH OFFICER. The agency and person designated by the county to administer the health regulations within the county’s jurisdiction.
HIGH DENSITY. Those residential zoning districts in which the density is equal to or greater than one dwelling unit per 10,000 square feet.
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.
HOUSING CODE. That county ordinance controlling the continuing safety and healthfulness of buildings for human occupation within the county’s jurisdiction. Also referred to herein as the County or Mt. Vernon Housing Code.
IMPROVEMENTS. 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. The INDIANA CODE is usually abbreviated as I.C. or IC herein.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal system or any other approved sewage treatment device (including a drip system or Wisconsin mound) approved by the Health Department. Where public sanitary sewers are available, individual sewage disposal systems are not an acceptable alternative. Where a public sanitary sewer system is not available the County Health Department may approve an alternative sewage treatment system serving multiple single-family detached dwellings.
INTERESTED PARTIES. Those parties who are the owners of properties adjoining or adjacent to the proposed subdivision as shown on the sketch plan.
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 making 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. Unless a temporary dead end, a LOCAL STREET has an access point or outlet at either end. Accordingly, a LOCAL STREET for the purposes of these subdivision regulations has two access points or an outlet at either end. A street with only one outlet or access point is considered to be a “cul-de-sac”. A permanent dead end street is considered a “cul-de-sac” for the purposes of these subdivision regulations.
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, CORNER. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.
LOT IMPROVEMENT. Any building, or structure, place, 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.
LOT OF RECORD. Any lot or parcel recorded before November 16, 1986.
LOW DENSITY. Those residential zoning districts in which the density is equal or less than one dwelling unit per 40,000 square feet.
MAJOR STREET. A collector or arterial street.
MAJOR STREET PLAN. See OFFICIAL MAP. This may also be the thoroughfare element of the Comprehensive Plan or an adopted thoroughfare plan (independent of the Comprehensive Plan).
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 the local governmental facilities, or the creation of any public improvements.
MAP. A representation of a part or the whole of the earth’s surface, in signs 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.
MEDIUM DENSITY. Those residential zoning districts in which the density is between 10,000 and 40,000 square feet per dwelling unit.
MINOR SUBDIVISION. Any subdivision of not more than three lots fronting on an existing street which is an improved right-of-way maintained by the state, county 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 the Comprehensive Plan, the Thoroughfare Plan, Official Map, Zoning Ordinance, or this chapter. Sanitary sewer, waterline, electric, gas, or telecommunication service connections on an individual lot are not considered public improvements, and drainage ditches to be installed at the option of the owner are also not considered public improvements.
MODEL HOME. A dwelling unit used initially for display purposes which typifies the kind of units that will be constructed in the subdivision. Such dwelling units may be erected, at the discretion of the Area Plan Commission, by permitting a portion of a major subdivision involving no more than two lots to be created according to the procedures for minor subdivisions, as set out in these regulations.
MONUMENT. A physical structure which marks the location of a corner or other survey point .
NON-RESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivisions 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 county pursuant to law showing the existing and proposed streets, highways, parks, drainage systems, and set back lines theretofore laid out, adopted and established by law, and any amendments or additions thereto, resulting from the approval of subdivision plats by the Area Plan 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 or any ordinance.
ORIGINAL PARCEL. A parcel of land existing and duly recorded in the office of the Posey County Recorder as of November 16, 1986.
OWNER. Any person, group of persons, firm or firms, corporation or corporations, or any legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.
PARTICIPATING JURISDICTION. A jurisdiction with the County having joined the Area Plan Commission and having it 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 county’s “area” planning body as established in accordance with Indiana law, often referred to herein simply as the Commission or the Area Plan Commission. “Commission” standing alone does not refer to the County Commission.
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 Comprehensive Zoning Ordinance but requiring under that ordinance or a special ordinance a special review and approval process.
PLAT. A map indicating the subdivision or re-subdivision 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 Area Plan Commission for approval.
PRIMARY APPROVAL. An approval, or approval with conditions imposed, granted to a subdivision by the Area Plan 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 et seq., Subdivision Control).
PRIMARY ARTERIAL. A street intended to move through-traffic to and from such major attractions as central business district, regional shopping centers, colleges and/or universities, military installations, major industrial areas, and similar traffic generators within the county; and/or as a route for traffic, between communities; a major thoroughfare.
PRINCIPAL USE BUILDING. A building in which the principal use of the lot or parcel is conducted. Standards recognized by the Indian Administrative Building Council shall be used to determine whether a given structure constitutes one or more buildings in cases where ambiguities exist.
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 sanitary sewer, waterline, electric and gas service or telecommunication line, storm sewer, drainage ditch, stormwater retention or detention basin, 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. Sanitary sewer, waterline, electric, gas, or telecommunication service connections on an individual lot are exempt for this definition, and drainage ditches to be installed at the option of the owner may also be exempt from this definition.
REAR YARD. A yard as defined herein, encompassing the horizontal space between the nearest foundation of a building to a rear 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 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.
REGULATORY FLOOD. That flood having a peak discharge which can be equaled or exceed 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 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 flood plains adjoining the channel which are reasonably 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. Limitations of various kinds on the usages of lots within a subdivision which are proposed by the subdivider, and, in the case of public health, safety, and welfare by the Area Plan 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 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, oil or gas pipeline, water main, sanitary or storm sewer main, special landscaping, or for another special use. The usage of the terms RIGHT-OF-WAY for land platting purposes shall mean that every RIGHT-OF-WAY hereafter established and shown on a final plat is to be 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 of ownership, or any possessor interest in land, including contract of sale, lease, devise, intestate succession, or transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, intestate succession, or other written instrument.
SAME OWNERSHIP. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockholder, partner, or associate, or a member of his or her family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.
SCREENING. Either (a) 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, or a type that will form a year-round dense screen at least six feet high; or (b) an opaque wall or barrier or uniformly painted fence at least six feet high. Either (a) or (b) shall be maintained at all times and may have no signs affixed to or hung in relation to the outside thereof except as permitted or required under the Zoning Ordinance. 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 Area Plan Commission approval of a final plat of a subdivision, the construction of which has been completed or guaranteed by a performance bound (or equivalent financial instrument) 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 primary arterial, except that these streets service minor traffic generating areas such as community-commercial areas, primary and secondary educational plants, hospitals, major recreational areas, churches, and offices, and/or designed to carry traffic from collector sheets to the system of primary arterials.
SETBACK. A line parallel to and equivalent from the relevant lot line (front, back, side) between which no buildings or structures may be erected as prescribed in the Zoning Ordinance.
SIDE LOT LINES. Any lines separating two lots other than front or rear lot lines.
SKETCH PLAN. An informal, informational drawing, as described in this chapter, preparatory to the drawing of the preliminary plot plan or final plat in the case of a minor subdivision to enable the subdivider to save time and expense in reaching general agreement with the Area Plan Commission as to the form of the plat and conformance to the objectives of this chapter.
STATE ACTS. Such legislative acts of the State of Indiana as they affect these regulations.
STREET, DEAD END. A street or 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 units, and for their future improvement, reconstruction, 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 or thoroughfare plan of the county or participating city or towns 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 county and participating city and towns and its present and estimated future traffic volume and its relative importance and function as specified in the county, city or town 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.
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 who offers to sell, lease, or develop, or advertise for sale, lease or development, any interest, lot, parcel site, unit, or plat in a subdivision; or who
(3) Engages directly, or through and 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 pat in a subdivision; or who
(4) Is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.
SUBDIVISION. The division of an original parcel of land into two or more lots, parcels, sites, units, plats, or interests for the purpose of offer, sale, lease, of development, either on the installment plan or upon any and all other plans, terms, and conditions, including resubdivision. SUBDIVISION includes the division of 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 two categories: Exempt I and Exempt II. These divisions are exempt from most provisions of this chapter.
(1) Exempt I divisions must be one of the following types of divisions:
(a) Type A. A division of land into two or more tracts all of which are at least ten acres in size and are outside an incorporated area.
(b) Type 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 site is created by the division.
(c) Type C. A division of land pursuant to an allocation of land in the settlement of a descendant’s estate or a court decree for the distribution of property.
(d) Type D. A division of land for the acquisition of street right-of-way by a public agency. The creation or addition of an easement by any public agency or private property owner to any existing recorded deed, plat or lot of record does not require subdivision approval.
(e) Type E. A division of land for the sale or exchange of tracts between adjoining landowners, provided no additional building site is created by the division; and
(f) Type F. A division of land into cemetery plots for the purpose of burial of corpses.
(3) Exempt II divisions are divisions of land of a lot of record into not more than four new parcels (excluding the original parcel residual) all of which are at least two acres but less than ten acres in size and are outside an incorporated area. Such divisions shall conform to §§ 152.034 and 152.090 but shall be exempt from other provisions of this chapter not specified or referred to in those sections. Once the four new parcels have been created from the lot of record, further division of such parcels is subject to subdivision regulations and no longer exempt, unless the original parcel residual is divided into two lots of at least ten acres meeting the Exempt I Type A criteria.
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.
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 the performance bond (or equivalent financial instrument) or turn-around 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 the ground to sky except where encroachments and accessory buildings are expressly permitted.
ZONING ORDINANCE. The ordinance setting forth the regulations controlling the use of land in the unincorporated areas and in those jurisdictions within the county and the participating city and towns. Also referred to as the “Zoning Ordinance for the City of Mount Vernon, the Town of Cynthiana, the Town of Poseyville and the Unincorporated Area of Posey County”.
(Ord. 13-8, passed 5-16-13)