The following terms or words used in the text of this chapter shall have the following meanings, unless a contrary meaning is required by the context of a particular sentence or phrase, or specifically prescribed in a particular sentence or phrase.
ACCESS. The way in which vehicles ingress and egress a lot or subdivision from a street fronting along the lot or subdivision.
ACCESS DRIVE. The area within the right-of-way between the pavement edge or curb and the right-of-way line to provide ingress and egress to and from a lot or subdivision.
ALLEY, PRIVATE. A private right-of-way for public use as a secondary means of public access to a lot otherwise abutting upon a public street or private street and not intended for traffic other than public services and circulation to and from the lot.
ALLEY, PUBLIC. Any public right-of-way which has been dedicated or deeded to and accepted by the public for public use as a secondary means of public access, to a lot otherwise abutting upon a public street and not intended for traffic other than public services and circulation to and from the lot.
APPROPRIATE AGENCIES. Those agencies designated by ordinance or the staff to review subdivisions and may include, but not limited to the following: County Surveyor, Town Engineer, State and County Health Departments, State Department of Natural Resources, State Office of Aviation, Indiana Department of Environmental Management (IDEM), Indiana Department of Transportation (INDOT), and Army Corps of Engineers.
AREA BOARD OF ZONING APPEALS. The Board of Zoning Appeals having jurisdiction over all real property with the town.
AREA PLAN COMMISSION. The St. Joseph County Area Plan Commission.
ASSESSOR’S OFFICE. The St. Joseph County Assessor’s office.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, or municipal boundary lines.
BLOCK FACE. The frontage of a block, which may contain 1 or more lots, along 1 side of a public street or private street between intersections.
BUILDING LINE. A line parallel to any front lot line, side lot line, or rear lot line which passes through the nearest point of any building or structure.
BUILDING LINE, FRONT. A line parallel to any front lot line which passes through the nearest point of any building or structure and terminates at the point of contact with any side lot line.
BUILDING LINE, SIDE. A line parallel to any side lot line which passes through the nearest point of any building or structure and terminates at the point of contact with any front lot line or rear lot line.
BUILDING LINE, REAR. A line parallel to any rear lot line which passes through the nearest point of any building or structure and terminates at the point of contact with any side lot line.
CERTIFICATE OF APPROVAL. The certificate block signed by the President of the Area Plan Commission or the Chairperson of the Plat Committee and attested to by the Secretary of the Area Plan Commission or Plat Committee, as appropriate.
COMMISSION’S SEAL. The official seal of the Area Plan Commission.
CONCEPT PLAN. An informal site plan of a proposed subdivision, project, Planned Unit Development or other development intended to convey the scope, content, and nature of a proposed development, but lacking sufficient detail to determine compliance with chapter requirements.
CONCEPT PLAN REVIEW. A cursory review of a concept plan or sketch plan for a proposed subdivision, project, Planned Unit Development, or other development in which staff provides initial review comments to a prospective petitioner on the design and layout of a proposed subdivision, project, Planned Unit Development, or other development.
CONDOMINIUM. Any project regulated by I.C. 32-25.
CORRECTIVE PLAT. A plat for the purpose of correcting minor errors in a recorded subdivision.
COUNCIL. The Town Council of the Town of New Carlisle, St. Joseph County.
COUNTY. St. Joseph County, Indiana.
COUNTY ENGINEER. The St. Joseph County Engineer.
COUNTY HEALTH OFFICER. The Health Officer of St. Joseph County or his or her designee.
COUNTY HIGHWAY DEPARTMENT. The St. Joseph County Highway Department.
COUNTY SURVEYOR. The St. Joseph County Surveyor.
CUL-DE-SAC. See STREET, CUL-DE-SAC.
DEPARTMENT OF NATURAL RESOURCES. The State Department of Natural Resources.
DISTRICT. Any zoning district applicable to a section of the territory within the jurisdiction of this chapter.
DISTRICT, ZONING. A section of the territory within the jurisdiction of this chapter for which uniform regulations over the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land (including but not limited to: permitted uses; height; area; size; and intensity of use of buildings, structures, land, and open spaces about buildings or structures), are established by this chapter.
DRAINAGE BOARD. The Drainage Board for the Town of New Carlisle.
DRAINAGE POND. An artificially created body of water which is required in connection with a storm water management system.
DRIVE, INTERIOR ACCESS. A way for internal vehicular movement in and around an individual lot or integrated center.
DRIVEWAY. Access for vehicular egress/ingress between the right-of-way of a public street or private street and the minimum required setback line on a lot.
DRIVEWAY, INTERIOR ACCESS. A way for vehicular egress/ingress between the minimum required setback lines of separate lots or between lots within the boundaries of an integrated center.
DWELLING, MULTIFAMILY. A building consisting of 3 or more dwelling units, including condominiums, with varying arrangements of entrances and party walls.
DWELLING, SINGLE FAMILY. A building containing 1 dwelling unit.
DWELLING, 2 FAMILY. A building consisting of 2 dwelling units which may be either attached side by side or 1 above the other, and each dwelling unit having a separate or combined entrance.
DWELLING UNIT. One or more rooms arranged as a single housekeeping unit with separate living, sleeping, sanitary, and cooking facilities physically separated from any other dwelling unit in the same structure.
EASEMENT. A grant by a property owner to the general public and/or public utility or utilities, or other individual or individuals for the use of land for a specifically stated purpose or purposes.
FEASIBILITY STUDY. A written report prepared by a registered engineer or registered land surveyor pertaining to the suitability of the site for various types of water and sewer systems; for storm drainage retention/detention or disbursal; and the sub-soil conditions for various methods of street construction.
FEDERAL EMERGENCY MANAGEMENT AGENCY. The administrative office of the National Flood Insurance Program.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
FLOODPLAIN. The channel proper and the areas adjoining any wetland, lake, or watercourse which have been or hereafter may be covered by the regulatory flood. FLOODPLAIN includes both the floodway and the floodway fringe districts.
FLOOD PROTECTION GRADE. The elevation of the regulatory flood plus 2 feet at any given location in the special flood hazard area.
FLOOD, REGULATORY. The flood having a 1% probability of being equaled or exceeded in any given year, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission and the Federal Emergency Management Agency. The REGULATORY FLOOD elevation at any location is as defined in the floodplain regulations section of the St. Joseph County Zoning Ordinance. The REGULATORY FLOOD is also known by the term BASE FLOOD.
FLOODWAY. The channel of a river or stream and those portions of the floodplain adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.
FLOODWAY FRINGE. Those portions of the floodplain lying outside the floodway.
FRONTAGE. The line of contact of an abutting property with the street right-of-way along a front lot line which allows unobstructed, direct access to the lot.
FRONTAGE STREET or FRONTAGE ROAD. See STREET, FRONTAGE.
I.A.C. Indiana Administrative Code.
I.C. Indiana Code.
IMPROVED PUBLIC RIGHT-OF-WAY. Those streets classified by the Town Engineer as bituminous concrete, cement concrete, or brick, and which have been dedicated and accepted into the town, county, or state (as applicable) street system.
IMPROVEMENT. Any man-made, immovable item which becomes part of, placed upon, or is affixed to real estate.
INTEGRATED CENTER. An area of development (commercial/town center, industrial, or any combination of commercial/town center, industrial and residential uses) of 1 or more lots or out lots, comprised of:
(1) Two or more individual, non-related and separately operated uses in 1 building sharing common site facilities;
(2) One or more buildings containing non-related and separately operated uses occupying a common site, which utilizes 1 or a combination of common site facilities, such as driveways, parking areas, loading areas, interior access drives, maintenance and similar common services; or
(3) One or more buildings containing non-related and separately operated uses occupying individual sites, which are interrelated by the utilization of 1 or a combination of common facilities, such as driveways, internal public street, or private street network, developed in accordance with an approved master plan or preliminary plan of a subdivision, parking areas, loading areas, maintenance or other services.
INDUSTRIAL PARK. An integrated center zoned for and primarily used by industrial businesses. See INTEGRATED CENTER.
INTERESTED PARTIES.
(1) For major subdivisions:
(a) The owners of property located within 300 feet of the proposed major subdivision;
(b) The staff of the Area Plan Commission; and
(c) The subdivider.
(2) For minor subdivisions and subdivision replats:
(a) The staff of the Area Plan Commission; and
(b) The subdivider.
(3) For corrective plats:
(a) The staff of the Area Plan Commission; and
(b) The owners of all included lots for Type II and III corrective plats.
LOT. The portion of a subdivision which is proposed to be recorded in the office of the St. Joseph County Recorder as a LOT OF RECORD.
LOT AREA. The total area of a lot bounded on all sides by any front lot line, rear lot line, and side lot line; provided, however, LOT AREA shall not include: any area lying within the right-of-way of any public street or private street or easement for surface access into the subject lot or adjoining lots; or land reserved for drainage pond, wetland, or lands subject to periodic flooding. No part of the minimum LOT AREA required under the applicable district, commitment or variance grant may be satisfied by land that is under water.
LOT, CORNER. A lot abutting 2 or more streets at their intersections, or upon 2 parts of the same street forming an interior angle of less than 135 degrees.
LOT DEPTH. The distance from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT, DOUBLE FRONTAGE.
(1) A lot abutting 2 parallel streets, or abutting 2 streets which do not intersect at the boundaries of the lot.
(2) A lot, other than a corner lot, which fronts on 2 streets.
LOT, INTERIOR. A lot which is not a corner lot or a double frontage lot.
LOT LINE. The line of separation of a lot from any abutting street or adjoining lot.
LOT LINE, FRONT. The lot line separating a lot from any abutting street or limited access highway.
LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line, or in the case of a triangularly shaped lot, a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line. However, in the case of a corner lot, any lot line which intersects with a front lot line shall not be considered a REAR LOT LINE. In the case of a double frontage lot or a triple frontage lot, lot lines along a non-access easement shall be treated as a side or REAR LOT LINE, as applicable.
LOT LINE, SIDE. Any lot line not designated as a front lot line or rear lot line. In the case of a double frontage lot or a triple frontage lot, lot lines along a non-access easement shall be treated as a side or rear lot line, as applicable.
LOT OF RECORD. A lot which is part of a final plat recorded in the office of the Recorder of St. Joseph County, Indiana, or for which a deed has been so recorded prior to May 6, 1958.
LOT WIDTH. The frill width of a lot measured along the minimum front yard and minimum building setback line required by this chapter.
LOWEST FLOOR. The lowest of the following:
(1) The top of the basement floor;
(2) The top of the garage floor, if the garage is the lowest level of the building;
(3) The top of the first floor of buildings elevated on pilings or constructed on a crawl space with permanent openings; or
(4) The top of the floor level of any enclosure below an elevated building where the walls of the enclosure provide any resistance to the flow of flood waters unless:
(a) The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, by providing a minimum of 2 openings, in addition to doorways and windows, having a total area of 1 square foot for every 2 square feet of area subject to flooding. The bottom of all such openings shall be no higher than 1 foot above grade; and
(b) Such enclosed space shall be usable for the parking of vehicles and building access.
MUNICIPAL ELECTRIC. An electric distribution system which is operated or owned by a governmental unit, or under the jurisdiction of the Indiana Utility Regulatory Commission.
NON-ACCESS EASEMENT. A public easement along a public right-of-way across which access to the property is not permitted.
OFF-STREET. An area, typically set aside for parking or loading, which is located on private property and does not occur in the right-of-way of any public street or private street.
ON-STREET. An area, typically set aside for parking or loading, which is located within the right-of-way of any public street or private street.
OPEN SPACE. A lot, a portion of a lot or common area set aside as a playground, plaza, park, parkway, greenbelt, residential bufferyard, or other landscape area and maintained free from buildings or structures, except for those structures which are directly related to and essential to the use of the open space for recreational purposes, including but not limited to swimming pools, play equipment for youngsters, game courts, and picnic tables. In the case of individual residential lots, OPEN SPACE shall be an area landscaped with grass, trees, shrubbery, or other suitable vegetative ground cover and maintained free from buildings or structures.
OUT LOT. A nonbuildable lot.
OWNER. Any individual, firm, association, syndicate, co-partnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PERFORMANCE BOND/PERFORMANCE GUARANTEE. Any bond or other guarantee which may be accepted in lieu of a requirement that certain improvements be made before the Plat Committee gives secondary approval to the subdivision, including by way of illustration, but not limited to: tax performance bonds, escrow agreements, deposit agreements, and other similar collateral or surety agreements approved as valid and enforceable by the town.
PLAT COMMITTEE. A committee appointed by the Area Plan Commission to hold hearings on and approve subdivisions on behalf of the Area Plan Commission in conformance with I.C. 36-7-4-701 et seq.
PUBLIC SEWER. A sewage disposal system which is operated or owned by a governmental unit (but not including a storm sewer installed for the purpose of carrying surface water runoff or subsoil drainage), or under the jurisdiction of the Indiana Utility Regulatory Commission.
PUBLIC UTILITY. A firm, corporation, municipal department, or board duly authorized to furnish, or furnishing under regulation to the public, electricity, gas, steam, communication (including cable television systems), transportation, drainage, sewer, or water.
PUBLIC WATER. A water supply system which is operated or owned by a governmental unit, or under the jurisdiction of the Indiana Utility Regulatory Commission.
PUBLIC WORKS DIRECTOR. The Public Works Director for the Town of New Carlisle.
RECORDER’S OFFICE. The Recorder’s office of St. Joseph County.
REGISTERED ENGINEER. An engineer who is registered by the State of Indiana as a professional engineer.
REGISTERED LAND SURVEYOR. A surveyor who is registered by the State of Indiana as a professional land surveyor.
REPLAT. The process of allowing for an adjustment of a lot line or lines, and easements, as shown on a recorded subdivision which:
(1) Does not affect any street layout, whether existing or proposed;
(2) Does not increase the total number of lots within the area proposed to be replatted;
(3) Does not change or modify the approved drainage system or plan;
(4) Does not change or modify the approved water supply system or plan; and
(5) Does not change or modify the approved sewage disposal system or plan.
RESERVE STRIP. An area of land adjacent to a public right-of-way which is retained in ownership by an individual for the purpose of denying access to the adjacent land.
REVERSE FRONTAGE. An arrangement of lots where a lot has frontage on 2 streets which are generally parallel, with access denied to the major arterial street or major collector street.
RIGHT-OF-WAY. A strip of land dedicated to public use and over which an alley, street, highway, pedestrian walkway, or other public way may be built as set forth in a written grant, declaration or conveyance that is recorded in the office of the County Recorder.
RIGHT-OF-WAY, EXISTING. The total right-of-way width of a street as created or expanded by the most recent grant, declaration or conveyance that is recorded in the office of the County Recorder.
RIGHT-OF-WAY, PRIVATE. Specific and particularly described strip of privately-held land devoted to and subject to use for general transportation purposes or conveyance of utilities, whether or not in actual fact improved or actually used for those purposes, as set forth in a written grant, declaration or conveyance that is recorded in the office of the County Recorder.
RIGHT-OF-WAY, PROPOSED. The recommended right-of-way width for a street based upon that street’s classification in the officially adopted thoroughfare plan for the town as shown in the Comprehensive Plan.
RIGHT-OF-WAY, PUBLIC. Specific and particularly described strip of land, property, or interest therein dedicated to and accepted by the municipality, county, or state to be devoted to and subject to use by the general public for general transportation purposes or conveyance of utilities, whether or not in actual fact improved or actually used for those purposes, as set forth in a written grant, declaration or conveyance that is recorded in the office of the County Recorder.
ROAD. See STREET.
ROAD, TEMPORARY ACCESS. A road which is normally not built to town standards, but shall be constructed of material capable of supporting heavy emergency vehicles under any weather conditions.
SIGHT TRIANGLE. The triangular-shaped portion of land established at the intersection of rights-of-way extended (or the intersection of a right-of-way and a private drive), in which no structure or landscaping material may be erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. Area comprising the SIGHT TRIANGLE shall be dedicated as public right-of-way.
SOIL INVESTIGATOR. An individual acceptable to both the Indiana State Department of Health and the County Health Department as a person qualified to analyze soils as to their suitability for the installation of basements.
STAFF. Includes the Executive Director of the Area Plan Commission; the Building Commissioner for the town; the Zoning Administrator for the town; any employee of the Area Plan Commission; any attorney, agent, or designee of the Executive Director of the Area Plan Commission; any attorney, agent, or designee of the Building Commissioner for the town; any attorney, agent, or designee of the Zoning Administrator; or any other employee of the town related to the review, recommendation, or approval process for development.
STANDARDS. A specific and detailed listing of materials and construction methods for subdivision improvements and standards of construction and design, as adopted by the town.
STREET. Any public right-of-way or private right-of-way, with the exception of alleys, essentially open to the sky and open and dedicated to the general public for the purposes of vehicular and pedestrian travel affording access to abutting property, whether referred to as a street, lane, road, drive, expressway, arterial, thoroughfare, highway, or any other term commonly applied to a right-of-way for those purposes. A STREET may be comprised of pavement, shoulders, gutters, curbs, sidewalks, parking spaces, and similar features.
STREET, COLLECTOR. Any street which provides for through traffic movements from local streets to thoroughfares and between areas within the town.
STREET, CUL-DE-SAC. Any local street, typically a local street, with a single point of ingress and egress and with a turn-around at the end. For the purposes of this chapter, a cul-de-sac also means any number of interconnected local streets that share only 1 common point of access to a dedicated public street and such dedicated public street provides 2 directions of ingress and egress.
STREET, FRONTAGE. A local or collector street which is generally parallel to and separated from a thoroughfare street by a non-access easement, and which has limited access points to the thoroughfare street in order to provide safe and convenient access to abutting properties without each property having direct access to the thoroughfare street.
STREET, LOCAL. Any street primarily designed and intended to carry low volumes of vehicular traffic movement at low speeds, provide direct access to residential, commercial, industrial, or other abutting real estate, and may include the principal entrance street of a development or which provides interior circulation within a subdivision and provides direct access to abutting real estate.
STREET, LOOP. A local street that has its only ingress and egress at 2 points on the same street.
STREET, PRIVATE. A privately held right-of-way, with the exception of alleys, essentially open to the sky and open to the general public for the purposes of vehicular and pedestrian travel affording access to abutting property, whether referred to as a street, easement, road, expressway, arterial, thoroughfare, highway, or any other term commonly applied to a right-of-way for those purposes. A PRIVATE STREET may be comprised of pavement, shoulders, curbs, sidewalks, parking spaces, and similar features.
STREET, PUBLIC. A publicly dedicated, accepted, and maintained right-of-way, with the exception of alleys, which has been improved to town standards and is essentially open to the sky and open to the general public for the purposes of vehicular and pedestrian travel affording access to abutting property, whether referred to as a street, lane, road, drive, expressway, arterial, thoroughfare, highway, or any other term commonly applied to a public right-of-way for those purposes. A PUBLIC STREET may be comprised of pavement, shoulders, gutters, curbs, sidewalks, parking spaces, and similar features.
STREET, STUB. A street which terminates at the subdivision boundary and which is intended to be continued into the adjoining property when that property is subdivided.
STREET, THOROUGHFARE. Any U.S. highway, state highway, or county highway which passes through the corporate limits of the town.
SUBDIVIDER. The owner or the authorized agent for the owner of a subdivision.
SUBDIVISION. The division of a parcel of land into 2 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 resubdivision. SUBDIVISION includes the division or development of land opened 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 division of existing parcels of land are exempt:
(1) A division of land for the sale or exchange of tracts by adjoining landowners to correct errors in an existing legal description, provided that no additional building sites other than for accessory building s are created by the division;
(2) A division of land for the acquisition of street or utility right-of-way or easement;
(3) A division of land for the sale or exchange of tracts between adjoining land owners, provided that no additional development sites other than for accessory buildings are created by the division;
(4) A division of land into cemetery plots for the purpose of burial; and
(5) A division of a lot of record, which is or may be legally developed with a 2 family dwelling or a multifamily dwelling, into sub-lots for the purpose of transfer of ownership of the individual dwelling units and their associated portion of the lot of record, provided that no additional development sites are created by the division and that no sub-lots are created which do not contain a dwelling unit.
SUBDIVISION, MAJOR. Any of the following:
(1) A subdivision of a tract of land into 4 or more parcels or lots, including any remainder of the original tract, for single family or 2 family dwelling purposes;
(2) Any subdivision which involves the creation of new streets, extension of water lines or sewer lines, or the creation of public improvements.
SUBDIVISION, MINOR. A subdivision of a tract of land into less than 4 parcels or lots, including any remainder of the original tract, which does not involve the creation of new streets, extension of water lines or sewer lines, or the creation of public improvements.
SUB-LOTS. Portions of a lot of record created in connection with the transfer of ownership of individual dwelling units in a 2 family or multifamily dwelling.
THOROUGHFARE PLAN. The portion of the Town of New Carlisle Comprehensive Plan, or other officially adopted plan of the Town of New Carlisle, which sets forth recommendations for major street alignments and street classifications.
TOWN. The Town of New Carlisle, Indiana.
TOWN ENGINEER. The Engineer for the town as appointed by the Town Council.
URBAN DRAIN. A drain which when constructed or reconstructed has or will have the hydraulic capacity to provide adequate drainage for land within a watershed which is being converted from rural land to urban land, as specified in I.C 36-9-27-67 through 36-9-27-69.
WAIVER/WAIVED. Permission granted in connection with the approval of a primary plat for a subdivision to allow a deviation from the standards or requirements of this chapter.
WALKWAY. A defined pedestrian way, typically improved with concrete or asphalt, which provides for pedestrian movement on private property. A WALKWAY may or may not be located in a pedestrian easement.
WELLHEAD PROTECTION AREA. The surface and subsurface area surrounding a public water supply which has been designated a WELLFIELD PROTECTION AREA by the Indiana Department of Environmental Management or the County Health Officer.
ZONING ORDINANCE. The zoning ordinance of the Town of New Carlisle, Indiana, codified in Chapter 152 of this code of ordinances.
(Ord. 1223, Art. 6, passed 5-11-2010)