Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meaning herein indicated. Any pertinent word or term not a part of this listing but vital to the interpretation of this chapter shall be construed to have its usual legal meaning. Words used in the present tense include the future, the singular includes the plural, and the plural the singular. The word “lot” includes the word “plat”. The word “used” includes “designed” or “intended” to be used. The word “shall” is a mandatory requirement, the word “may” is a permissive requirement and the word “should” is a preferred requirement.
ABUTTING PROPERTY OWNERS. Official owners of record, whose property is contiguous to the subject property or any property which would touch, at any point, the subject property ignoring all rights-of-way, easements, alleys and the like.
ACCESS. The way over which traffic moves to or from the property abutting a street or alley and the way over which traffic moves to or from an arterial street to a collector street or from a street to an alley.
ALLEY. A permanent public service right-of-way as secondary access to the side or rear of those properties when principal frontage is on some other right-of-way and is not intended for general traffic.
AREA. The total area within the lot lines.
BASIC IMPROVEMENTS. The installation of storm sewers, sanitary sewers, water supply lines, streets, curbs, gutters and walks.
BLOCK. A tract of land bounded on all sides by streets, or a combination of streets and public parks, cemeteries, railroad rights-of-way and the like or a combination thereof, whether partially or wholly occupied by buildings or containing only vacant lots.
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 Plan Commission or appropriate delegate.
BUILDING. A structure having a roof supported by columns or walls, used or intended to be used, for the shelter or enclosure of persons, animals or property.
BUILDING SETBACK LINES. The lines indicating the minimum horizontal distance between the right-of-way of any street and the foundation of any building nearest the right-of-way of any street.
COMMISSION. The Plan Commission of Newburgh, Indiana.
COMPREHENSIVE PLAN. The complete plan as amended, or any of its parts, for the development of the town, prepared by the Town Plan Commission and adopted in accordance with I.C. 36-7-4-101 et seq.
CUL-DE-SAC. A local street with only one outlet having an appropriate terminal for the safe and convenient reversal of traffic movement.
EASEMENT. An authorization or grant by a property owner to specific persons or to the public to use land for specific purposes.
FLOOD HAZARD AREA. Any floodplain, floodway or floodway fringe district or combination thereof.
FLOODPLAIN. The relatively flat area or low land adjoining the channel of a river or stream which has been or may be covered by flood water as defined by FEMA. The floodplain includes the channel, floodway and floodway fringe.
IMPROVEMENTS. The installation of storm sewers, sanitary sewers, water supply lines, streets, curbs, gutters, gas lines, electrical lines, telephone lines, water lines and sidewalks.
INTERESTED PARTIES. Those parties who are the owners of properties adjoining or abutting the proposed subdivision as shown on the plat.
LEGAL DRAIN. An open ditch or a tiled ditch, or a combination of the two, which is subject to the jurisdiction and control of the town.
LEGISLATIVE BODY. The Town Council of Newburgh, Indiana.
LOCATION MAP. A small inset map showing the location of a tract of land in relation to a larger area.
LOT. The tract of land within a subdivision marked by the subdivider on the plat as a numbered, lettered or other identified tract of land to be offered for sale, dedication or development, which is an identifiable parcel of land having frontage on a public street or right-of-way.
(1) CORNER LOT. A lot located at the intersection of two or more streets, the interior angle of such intersections not exceeding 135 degrees.
(2) DOUBLE FRONTAGE LOTS. A lot other than a corner lot with frontage on more than one street or through lots abutting two streets.
(3) INTERIOR LOTS. A lot with only one frontage on a street.
PARCELIZATION. A division of land into two or more lots, each lot with area greater than five acres, and not involving any new street or other means of access.
PLANNED UNIT DEVELOPMENT (PUD). A subdivision designed for residential, commercial or industrial use or a combination of all or any part of the above for the purpose of selling or leasing individual lots.
PLAT. A map, drawing or chart upon which the subdivider’s plan of the subdivision is presented and which is submitted for approval with intent to record in final form.
PRIMARY APPROVAL. Approval (or approved with conditions imposed) granted to a subdivision by the Plan Commission after having determined in a public hearing that the subdivision complies with this chapter.
PRIMARY CHECKLIST. A document provided by the Plan Commission staff which is necessary for the application for primary approval.
REGULATORY FLOOD. The flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a 100-year period. This flood is equivalent to a flood having a probability of occurrence of 1% in any given year and is defined by FEMA.
REPLAT. A change in a recorded subdivision plat if such change affects any street layout on such plat, or area reserved thereon for public use, or any lot line, except as otherwise exempted in this chapter.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by transportation facilities, public utilities or other special public uses. RIGHTS-OF-WAY intended for any use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which such RIGHT-OF-WAY is established.
SECONDARY APPROVAL. Approval ensuring that the plat reflects all terms, conditions and commitments given by the subdivider or required by the Plan Commission at the hearing for primary approval.
SECONDARY CHECKLIST. A document provided by the Plan Commission staff which is necessary for application for secondary approval.
STREET. A thoroughfare within the right-of-way which affords the principal means of access to abutting property. A STREET may be designated an avenue, boulevard, drive, highway, land, parkway, place, road, court or appropriate name. STREETS are identified according to type of use, as follows.
(1) ACCELERATION LANE. An auxiliary lane constructed as part of the driveway which enables egressing vehicles to increase speed prior to entering the through traffic stream.
(2) ARTERIAL STREET. A street which serves the major movement of traffic within or through a metropolitan area.
(3) COLLECTOR STREET. A street serving internal traffic movement and providing access to arterial streets.
(4) CONTROLLED ACCESS STREET. A road fully or partially controlled by public authority.
(5) DECELERATION LANE. An auxiliary lane constructed as part of the driveway which is used by ingressing vehicles to reduce speed prior to entering a site. The lane may also provide some deceleration vehicle storage.
(6) FRONTAGE ROAD. A through road auxiliary to and located adjacent to a public road for service to abutting property.
(7) FULLY CONTROLLED. A street where preference to through traffic is given by providing access connections with selected public roads only and by prohibiting crossings at grade.
(8) HALF STREET. A part of a street which is approximately equal to the remainder.
(9) LOCAL STREET. A street whose primary function is to provide access to immediately adjacent lands. It generally serves the residential and minor commercial areas of the community.
(10) PARTIAL STREET. A street which is, or will become, a part of a whole or complete street.
(11) PARTIALLY CONTROLLED. A street where preference to through traffic is given, in addition to providing access connections with some crossings at grade.
(12) PASSING BLISTER. An auxiliary lane constructed opposite of the driveway which enables through traffic to maneuver around vehicles turning left into a site.
(13) PRIVATE STREET. A local street that is not dedicated or accepted for public use or maintenance, which provides vehicle and pedestrian access.
(14) PUBLIC STREET. A street dedicated, owned and maintained by a public entity for the purpose of vehicle and pedestrian access.
SUBDIVIDER. The person or persons who own all or any part of the real estate included within the plat at the time of the secondary approval of said plat.
SUBDIVISION. Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plats or interest for the purpose of offer, sale, lease or development. SUBDIVISION includes the division or development of residentially and nonresidentially zoned land, whether by deed, metes and bounds description, or other recorded instruments.
(1) MAJOR SUBDIVISION. All subdivisions not classified as minor subdivisions including, but not limited to, subdivisions of three or more lots, or any size subdivision requiring any new street or extension of local governmental facilities, or the creation of any public improvements.
(2) MINOR SUBDIVISION. Any subdivision containing not more than two lots fronting on, or having access to, an existing street not including creating any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel for adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Thoroughfare Plan, zoning chapter or these regulations.
(3) NONRESIDENTIAL SUBDIVISION. A subdivision in which the intended use is other than residential, such as commercial or industrial.
SUBDIVISION REVIEW COMMITTEE. A technical review committee established by the Plan Commission which may be appointed by the Plan Commission to assist with the technical evaluation of subdivisions and to make recommendations to the Plan Commission.
THOROUGHFARE PLAN. A plan and maps established by the Town Council pursuant to law as a portion of the Comprehensive Plan, showing the location of streets and roads, functionally classified public facilities, utilities and describing future infrastructure. The plan is approved, adopted and established by law, and any amendments or additions including those resulting from filing and approval of subdivision plats, are adopted by the Town Council as a continuous updating of the plan.
(Ord. 1997-18, § 131.01, passed 8-27-1997)