For the purpose of this chapter, the following definitions 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 uses of the primary building or land.
ADMINISTRATOR. The officer appointed and authorized by the Plan Commission to administer and enforce these regulations.
ADVISORY PLAN COMMISSION. A plan commission established by and serving a single local government jurisdiction as defined by Indiana Code.
ALLEY. A permanent public service way providing a secondary means of access to lands otherwise abutting upon a street.
APPLICANT. The owner or owners, legal and equitable, of land within the territorial limits of the town, who submit an application for plat approval under the provisions of this chapter.
BLOCK. A tract of land bounded by streets, or a combination of streets, and public parks, cemeteries, railroad rights-of-way, waterways or boundary lines of the town.
BOND. Any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form that is satisfactory to the Plan Commission. All BONDS shall be approved by the Commission wherever a bond is required by these regulations.
BUFFER LANDSCAPING. Any trees, shrubs, walls, fences, berms or related landscaping features required under this chapter or Ch. 156 of this code of ordinances on private lots and privately maintained for buffering lots from adjacent properties or public rights-of-way for increasing sound and/or visual privacy. (See SCREENING also.)
BUILDING. Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind.
BUILDING INSPECTOR. For this chapter, synonymous with the term ADMINISTRATOR.
BUILDING SETBACK LINE. The line, established by this chapter, beyond which a building shall not extend unless varied according to the procedures in this chapter. Also called a BUILDING LINE. SETBACK LINES may be applicable to the front, side and/or rear yard.
CENTRAL SEWERAGE SYSTEM. A community sewer system including collection and treatment facilities established by a 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 as may be established by the developer to serve a new subdivision.
CERTIFICATE. The signed and attested document that indicates that a subdivision has been granted secondary approval by the Commission.
CHECKPOINT AGENCY. A public agency or organization called upon by the Commission to provide expert counsel about a specific aspect of community development or required by law to give its assent before subdivision may take place.
COLLECTOR STREET. A street designed, planned and intended to carry vehicular traffic to and from thoroughfares, with partial control of access, in conformance with the Comprehensive Plan.
COMMISSION. The Plan Commission of the town.
COMPREHENSIVE PLAN. The applicable Comprehensive Plan for the town, or segment thereof, adopted by the Commission and indicating general locations recommended for public improvements.
CONSTRUCTION PLAN(S). The maps and drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed as part of the subdivision as required by this chapter.
CONSTRUCTION STANDARDS. The Construction Standards for Subdivisions and Development, dated May, 1998 and adopted by the Town Council along with and as a part of this chapter.
CONTROL OF ACCESS. The conditions where the right of owners or occupants of abutting land, or of other persons, to access, including its location with streets, are fully or partially controlled by public authority, including the Commission of the town.
COVENANT. A private legal restriction on the use or development of land.
CUL-DE-SAC. A street open to vehicular traffic from a thoroughfare, collector street or local street permanently terminated by a vehicular turnaround for the safe and convenient reversal of traffic movement, including public safety vehicles.
DEAD-END STREET. A street or a portion of a street with only one vehicular traffic outlet.
DESIGNATED OFFICIALS. Those officials of the 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.
DEVELOPMENT DENSITY. Number of dwelling units per gross acre.
DRAIN. Open ditch, tile or pipe or combination thereof for collection and disbursement of surface water.
DRIVES, PRIVATE. Vehicular streets and driveways that are wholly within private property, except where they intersect with other streets within public rights-of-way.
EASEMENT. An authorization or grant by a property owner to a private party or to the public to use land for specific limited purposes. The title to the land shall remain in the name of the property owner, subject to the right of use designated in the EASEMENT.
EXEMPT DIVISION.
(1) A division of land not required to meet all provisions of this chapter. EXEMPT DIVISIONS must be one of the following types of divisions:
(a) A division of land into two or more tracts all of which are at least ten 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 pursuant to an allocation of land in the settlement of a decedent’s estate or a court decree for the distribution of property;
(d) A division of land for the acquisition of street right-of-way or easement;
(e) A division of land for the sale or exchange of tracts between adjoining land owners; provided that, no additional building sites other than for accessory buildings are created by the division; and/or
(f) A division of land into cemetery plots.
EXPRESSWAY. A divided arterial street designed, planned and intended for through vehicular traffic, with full and/or partial control of access, in conformance with the Comprehensive Plan.
FINAL PLAT. The map, drawing or plan of a subdivision described in this chapter and any accompanying material submitted to the Commission for secondary approval, which, if approved and signed by the designated officials, may be submitted to the County Recorder for recording.
FLOOD HAZARD AREAS. Areas shown on the Floodway-Flood Boundary Maps as not adequately protected from flooding during a regulatory flood by means of dikes, levees or reservoirs. (See also FLOODWAY BOUNDARY MAPS.)
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.
FLOODPLAIN. The area adjoining a river or stream that has been or may hereafter be covered by flood water during a regulatory flood.
FLOODWAY. See REGULATORY FLOODWAY.
FLOODWAY BOUNDARY MAPS. Maps of flood hazard areas as provided by the Federal Insurance Administration or the state’s Natural Resources Commission.
FLOODWAY FRINGE. Those portions of the flood hazard areas lying outside and adjacent to the floodway, shown on the Floodway-Flood Boundary Maps of the Federal Insurance Administration.
FOUNDATION. The supporting member of a wall or structure.
FRONTAGE. All the property on one side of a street between two intersecting streets, measured along the line of the street, or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead-end of the street.
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.
HIGH DENSITY. Those residential zoning districts in which the density is equal to or greater than one dwelling unit per 7,200 square feet.
IMPROVEMENTS. See LOT IMPROVEMENTS or PUBLIC IMPROVEMENTS.
IMPROVEMENT LOCATION PERMIT. A certificate issued by the Building Inspector permitting a person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure or cause the same to be done.
INDIANA CODE. The certified statutes of the state in their current form. (Usually abbreviated as I.C. herein).
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile for sewage disposal system or any other approved sewage treatment device approved by the county’s Health Department.
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 owners shall be construed as the same owner for imposing subdivision regulations.
LAND DIVIDER. The owner of a parcel of land to be divided through as an exempt subdivision.
LANDSCAPING. See BUFFER LANDSCAPING, SCREENING and SHADE TREES.
LOCAL STREET. A street intended to provide access to other streets from individual properties and the right-of-way beneath and along it.
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, structure, object or improvement of any kind located on a lot.
LOW DENSITY. Those residential zoning districts in which the density is equal or less than one dwelling unit per 14,000 square feet.
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.
MARGINAL ACCESS STREET. A minor street, generally parallel and adjacent to a thoroughfare, providing access to land abutting upon said marginal access street.
MARKER. A stake, pipe, rod, nail or any other object that is not intended to be a permanent point for record purposes.
MEDIUM DENSITY. Those residential zoning districts in which the density is between 7,200 and 14,000 square feet per dwelling unit.
MINOR SUBDIVISION. Any subdivision containing not more than three lots fronting on an existing street that is an improved right-of-way maintained by the town which does not involve any new street, the extension of municipal facilities or the creation of any public improvements and will not adversely affect the remainder of the parcel or adjoining property, nor conflict with any provision or portion of the Comprehensive Plan, Official Map, Zoning Ordinance or this chapter.
MODEL HOME. A dwelling unit used initially for display purposes that typifies the kind of units that will be constructed in the subdivision. Such dwelling units may be erected, at the discretion of the 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 that marks the location of a corner or other survey point.
NON-RESIDENTIAL SUBDIVISION. A subdivision intended for non-residential use, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these regulations and Ch. 156 of this code of ordinances.
OFF-SITE. Not located within the area of the property to be subdivided.
OFFICIAL MAP. The map or maps established by the town, pursuant to law, showing the existing and proposed streets, highways, parks, drainage systems and setback lines identified, adopted and established by law, including any amendments or additions thereto.
ORDINANCE. Any legislative action of a local government that has the force of law, including any amendment or repeal of any ordinance.
OWNER. Any person, firm, corporation, partnership, limited liability company, having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.
PARCEL. A part or portion of land having a separate legal description formally set forth in a conveyance document.
PERIMETER STREET. Any existing street to which the parcel of land to be subdivided abuts on only one side.
PERSON. Any individual, corporation, partnership, company, limited liability company or other legal entity.
PLAN COMMISSION. The town’s planning body as established according to state law, often referred to herein simply as the COMMISSION.
PLANNED UNIT DEVELOPMENT. A means of land regulation that permits large scale, unified land development in a configuration which may also include a mix of uses not otherwise permitted “as of right” under Ch. 156 of this code of ordinances, but requiring under that ordinance a special review and approval process.
PLAT. A map indicating the subdivision or resubdivision of land recorded or intended to be recorded with the County Recorder.
PRELIMINARY PLAT. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner and layout of the subdivision to be submitted to the Commission for approval.
PRIMARY APPROVAL. An approval (or approval with conditions imposed) granted to a subdivision by the Commission after having determined in a public hearing that the subdivision complies with the standards prescribed in this chapter (per I.C. 36-7-4-700).
PRIMARY THOROUGHFARE. An arterial street intended to move through-traffic to and from such major attractors as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas and similar traffic generators within the town.
PRINCIPAL USE BUILDING. A building in which the principal use of the lot or parcel is conducted. (Standards recognized by the state’s 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 governmental 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 which it is responsible.
PUBLIC IMPROVEMENT. Any drainage ditch, street, highway, parkway, sidewalk, pedestrian-way, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. (All such improvements shall be properly bonded.)
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered to practice in the state.
REGISTERED PROFESSIONAL ENGINEER. An engineer properly licensed and registered or permitted to practice in the state.
REGULATORY FLOOD. The flood having a peak discharge that can be equaled or exceeded on the average of once in a 100-year period, as calculated by a method and procedure that is acceptable to and approved by the state’s Natural Resources Commission. 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 relevant locations of a proposed subdivision under consideration.
REGULATORY FLOODWAY. The channel of a river or stream and those portions of the floodplains adjoining the channel that 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.
RESTRICTIVE COVENANTS. Limitations of various kinds on the use of lots within a subdivision which may be proposed by the applicant or imposed by the Commission to serve the interest of public health, safety and welfare and which shall be recorded with the plat and shall run with the land.
RESUBDIVISION/RESTRICTIVE COVENANTS. A change in a map of an approved or recorded subdivision plat that affects any lot lines, street layout or area reserved for public use.
RIGHT-OF-WAY. A strip of land used or intended to be used as a street, pedestrian-way, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, other utility line, landscaping or right-of-way for other public use. RIGHTS-OF-WAY shall not be included within the dimensions or areas of 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 applicant on whose plat such right-of-way is established.
SALE or LEASE. Any immediate or future transfer of ownership, possessory interest in land, including contract of sale, lease, devise, intestate succession or transfer, of an interest in a subdivision or part thereof.
SAME OWNERSHIP. Ownership by the same person, corporation, firm, entity, partnership, unincorporated association or other legal entity; or ownership by different corporations, firms, partnerships, entities, unincorporated associations or other legal entity in which a stockholder, partner or associate, or a member of his or her family owns an interest in each such corporation, firm, partnership, entity or unincorporated association.
SCREENING. Where required by Ch. 156 of this code of ordinances, a screen shall be installed along or within the lines of a plat as a protection for adjoining or nearby properties and shall conform with the requirements set out for the applicable zoning districts.
SECONDARY APPROVAL. The stage of application for formal Commission approval of a final plat of a subdivision, the construction of which has been completed or substantially completed, which if approved and signed by the designated officials may be submitted to the County Recorder for recording.
SECONDARY THOROUGHFARE. An arterial street intended to collect and distribute traffic in a manner similar to a primary thoroughfare; except that, these streets serve minor traffic generating areas or are designed to carry traffic from collector streets to the system of primary arterials. Minor traffic generating areas include, but are not limited to, community-commercial areas, primary and secondary educational facilities, plants, hospitals, major recreational areas, churches and offices.
SETBACK. A line parallel to and equidistant from the relevant lot line (front, back, side). No buildings or structures of any kind may be erected between the setback lines and corresponding lot lines except as may be specifically permitted by Ch. 156 of this code of ordinances.
SKETCH PLAN. An informal informational drawing of a proposed plat, as described in this chapter.
SOIL SURVEY, GENERAL. A survey done by a combination of visual inspection and utilization of existing information about the area that is sufficiently detailed to delineate soil areas of questionable suitability for on-site sewage treatment and areas subject to flooding. The General Soils Map of the National Cooperative Soil Survey may be used for preliminary or tentative approval purposes.
SOIL SURVEY, OPERATIONAL. A highly detailed analysis of soil characteristics (e.g., texture, structure, acidity or alkalinity, permeability, moisture capacity) and identification of kinds of soil as described and named in the detailed soil maps of the National Cooperative Soil Survey.
STATE ACTS. Such legislative acts of the state, as they affect these regulations.
STATE PLANE COORDINATES SYSTEM. A system of plane coordinates, based on the Transverse Mercator Projection for the Western Zone of Indiana, established by the United States Coast and Geodetic Survey for the state.
STREET RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the centerline of the street.
STREETS, CLASSIFICATION. To provide for the development of the streets, highways and rights-of-way in the governmental unit, and for their future improvement, reconstruction, realignment and necessary widening. This includes provisions for curbs and sidewalks, each existing street, highway and right-of-way, and those located on approved and recorded plats which have been designated on the Official Map of the town 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 town; its present and estimated future traffic volume; and its relative importance and function as specified in the town’s Comprehensive Plan and/or its Thoroughfare Plan component. The required improvements shall be measured as set forth for each street classification on the Official Map.
STRUCTURE. Anything constructed or erected and located on or in the ground and fixtures or apparatus attached thereto.
SUBDIVISION. The division of a parcel of land into two or more parcels. (See also EXEMPT DIVISIONS.)
SUBDIVISION AGENT. Any person who represents, or acts for or on behalf of, an applicant or developer, relating to the subdividing, selling, leasing or developing, of any interest, lot, parcel, unit, site or plat in a subdivision. Exception: an attorney-at-law whose representation of another person consists solely of rendering legal services.
TEMPORARY IMPROVEMENT. Improvements built and maintained by an applicant during construction of the subdivision and intended to be replaced by permanent improvements before release of the performance bond. This shall also include 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. A segment of the Comprehensive Plan for the town, adopted by the Commission of the town. The THOROUGHFARE PLAN sets forth the location, alignment, dimensions, identification and classification of expressways, primary thoroughfares, secondary thoroughfares and collector streets as a plan for the development, re-development, improvement and extension and revision thereof.
TOWN COUNCIL. The Town Council of New Whiteland, Indiana.
ZONING ORDINANCE. The town ordinance setting forth the regulations controlling the use and development of land in the incorporated area of the town and areas of extended jurisdiction. See Ch. 156 of this code of ordinances.
(2004 Code, § 4-202)