Section
General Provisions
152.001 Short title
152.002 Purpose
152.003 Definition
152.004 Compliance
152.005 Hardship
152.006 Conflict
152.007 Jurisdictional area
152.008 Chapter supplemental to Indiana Code
Lot Sizes
152.020 Size of lots
Requirement for Low Density Subdivisions
152.035 Defined
152.036 Public ways
152.037 Utility services
Requirements for High Density Subdivisions
152.050 Defined
152.051 Requirements
Procedure
152.065 Low density subdivision
152.066 High density subdivision
Fees
152.080 Fees
152.999 Penalty
GENERAL PROVISIONS
This chapter is adopted in accordance with the County Comprehensive Plan for the following purposes:
(A) To assist the orderly and efficient development of the county;
(B) To promote the health, safety and general welfare of the residents of the county; and
(C) To secure equitable handling of all subdivision plans by providing procedures and standards.
(Ord. O-C-97-9, passed 12-22-1997)
For the purposes of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SUBDIVISION. A planned division of a tract of land into several smaller tracts, pursuant to a plan or scheme for marketing the smaller tracts. A SUBDIVISION does not include unrelated sell offs of small tracts from a larger tract where there is no scheme or plan to create a SUBDIVISION as herein defined.
(Ord. O-C-97-9, passed 12-22-1997)
No lot in a subdivision shall be sold, no permit to erect, alter or repair any building upon land in a subdivision shall be issued, and no building shall be created in a subdivision, unless and until a subdivision plan has been approved as herein provided. In addition to complying with the requirements of this chapter, all lots in all subdivisions shall also comply with all provisions of the county zoning regulations then in effect, which are not inconsistent with the provisions of this chapter.
(Ord. O-C-97-9, passed 12-22-1997) Penalty, see § 152.999
Where, owing to special conditions, a literal enforcement of this chapter would result in unnecessary hardship, the Plan Commission may take reasonable exception thereto as will not be contrary to the public interest, and may permit the sale of a lot, issuance of a permit and erection of a building, subject to conditions necessary to assure adequate streets and other public improvements.
(Ord. O-C-97-9, passed 12-22-1997)
This chapter shall apply to all unincorporated land within the county, except those areas in which a city or town has established jurisdiction over all or any part of the unincorporated land outside of the corporate limits of the city or town.
(Ord. O-C-97-9, passed 12-22-1997)
It is intended that this chapter shall be supplemental to all provisions in the Indiana Code for subdivision development, including those found at I.C. 36-7-4-701 et seq. For any matters contained in the aforesaid statutes which are not required by this chapter, the applicant for a subdivision shall be required to comply with the aforesaid statutory provisions. In matters for which there is a conflict between the provisions of this chapter and the Indiana Code, the provisions of the Indiana Code shall prevail.
(Ord. O-C-97-9, passed 12-22-1997)
LOT SIZES
Lots in a subdivision shall have the same minimum width, depth and area as presently required by the county zoning regulations, as codified in Chapter 153, for residential lots in the zoning district in which the proposed subdivision is located.
(Ord. O-C-97-9, passed 12-22-1997)
REQUIREMENT FOR LOW DENSITY SUBDIVISIONS
The following requirements are for subdivisions having a lot density no greater than five lots per ten acres, prorated to the actual number of acres in a subdivision, with no more than 20% of the lots located therein being less than two acres in size.
(Ord. O-C-97-9, passed 12-22-1997)
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