For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AASHTO. The American Association of State Highway and Transportation Officials.
ACCESS EASEMENT. A private way meeting the standards of this chapter that provides access to lots, tracts or parcels of land.
ACCESSORY LOT. A parcel that is not intended to contain a principal use and is permanently tied to another lot that contains or may contain a principal use. An ACCESSORY LOT must be contiguous to the lot with which it is associated or separated only by a right-of-way.
ALLEY. A minor way that provides vehicular access to the back side of property that abuts a street.
APPLICANT. The owner or authorized representative thereof of land proposed for subdivision.
AS-BUILT PLANS. A drawing or drawings accurately indicating the location and design details of all improvements installed in relation to the subdivision.
BOARD OF WORKS. The City of Seymour Board of Public Works and Safety.
BLOCK. Property abutting on one side of a street, and lying between the two nearest intersecting or intercepting streets, or between the nearest intersection of an intercepting street and railroad right-of-way, waterway or other definite barrier. For purposes of this definition, a cul-de-sac less than 100 feet in length does not constitute an intersecting or intercepting street.
BUILDING LINE. A line parallel to the street line touching that part of a building closest to the street.
BUILDING SITE. The three-dimensional space within which a structure is permitted to be built on a lot and that is defined by maximum height regulations, and minimum yard setbacks and is large enough to accommodate the principal structure, any on-site sewage disposal system, and customary accessory structures such as garages, decks, and patios.
CLUSTER PRIVATE SANITARY WASTE DISPOSAL TREATMENT SYSTEM. A waste disposal system serving more than one lot and in which solids and grease are removed in one or more septic tanks and the effluent discharged to a common drainage field.
COMMISSION. The Seymour Plan Commission.
COMMUNITY SEWER SYSTEM. A package wastewater treatment plant or a cluster private sanitary waste disposal treatment system.
COMPREHENSIVE PLAN. The complete plan or any of its parts for the development of Seymour adopted in accordance with I.C. 36-7-4-500 et seq., as is now or may hereafter be in effect.
CONSTRUCTION PLANS. Any maps or drawing accompanying a subdivision plat showing the location and design details of improvements to be installed for the subdivision in accordance with the requirements of this chapter.
COUNTY COMMISSIONERS. The Board of County Commissioners of Jackson County, Indiana.
COVENANT. A restriction placed on the development or use of land through a written, recorded instrument.
DEVELOPER. Any individual subdivider, firm, association syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these regulations to effect a subdivision of land. (See SUBDIVIDER.)
DRAINAGE SWALE. A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion or other site feature.
DRAINAGE SYSTEM. Any combination of surface and/or subsurface drainage components fulfilling the drainage requirements of this chapter.
EASEMENT. A grant by the property owner of the use of part of the owner’s land by another for a specified purpose.
EROSION. The wearing away of the land surface by the action of wind, water or gravity.
FLOODWAY. That area designated as floodway on the Seymour Flood Boundary and Floodway Maps of current adoption promulgated by the Federal Emergency Management Agency and the Indiana Department of Natural Resources.
FLOODWAY FRINGE. That area designated as floodway fringe on the Seymour Flood Boundary Maps of current adoption promulgated by the Federal Emergency Management Agency and the Indiana Department of Natural Resources.
FLOOD HAZARD AREA. Any floodplain, floodway, floodway fringe district or any combination thereof as illustrated on the flood boundary and floodway map prepared by the Federal Emergency Management Agency (FEMA). This is the area immediately affected by floodwater during a “one-hundred-year flood.”
FLOOD PROTECTION GRADE.
(1) For residential buildings, the elevation of the lowest floor of a building or structure. If a building contains a basement, the basement is considered the lowest floor.
(2) For commercial and industrial buildings, the water surface elevation for which the building is protected according to standards and specifications established by the Federal Emergency Management Agency.
FLOODPLAIN. The floodway and the floodway fringe and any other areas indicated on the Flood Boundary maps as “flood prone areas” for which no data are available. The REGULATORY FLOODPLAIN is the area shown as Zone A on the Flood Insurance Rate Map (FIRM). This area includes both the floodway and the fringe portions of the floodplain.
IDEM. The Indiana Department of Environmental Management.
IDNR. The Indiana Department of Natural Resources.
IMPROVEMENT PLANS OR DRAWINGS. The maps, drawings and text accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of this chapter as a condition of the approval of the plat.
ISDH. The Indiana State Department of Health.
LANDSCAPE SCREEN. Any combination of fences, walls, hedges, shrubs, trees and other landscape materials which effectively provide a solid, dense and opaque mass, to prohibit view, absorb sound and provide site delineation. Such screen shall provide total opacity throughout the year.
LEGAL DESCRIPTION. A property description recognized by law that defines boundaries by reference to government surveys, coordinate systems, or recorded maps and is sufficient to locate property with oral testimony.
LEGAL LOT OF RECORD. A lot created in accordance with applicable regulations that and shown
or described on a plat or deed in the office of the County Recorder.
LOT. A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on a dedicated, maintained public street, approved private street, or access easement.
LOT, DOUBLE-FRONTAGE. A lot having frontage on two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot.
LOT FRONTAGE. The linear distance of a lot measured at and along the front lot line where the lot abuts a street or other approved access.
LOT WIDTH. The distance between side lot lines as measured at and along the front setback line.
MAJOR SUBDIVISION. means all subdivisions other than those subdivisions meeting the applicability requirements set forth in § 156.39 (minor plat applicability) or the definition of EXEMPT SUBDIVISION.
MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. The book by that title prepared by the Joint Committee on Traffic Control Devices, U.S. Department of Commerce, Bureau of Public Roads, as amended.
MINOR SUBDIVISION. A division of land fronting an existing public right-of-way, not requiring any new streets, alleys, roads or opening of a new public right-of-way and which complies in all other respects with this chapter and Chapter 157.
NRCS. The Natural Resources Conservation Service.
OPEN SPACE. Any parcel or area of land or water set aside, dedicated, designated, or reserved for public or private use or enjoyment. OPEN SPACE
includes but is not limited to unimproved land, nature preserves, trail systems, and outdoor recreational facilities.
OPEN SPACE, COMMON. Land within or related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use or enjoyment of the residents and their guests of the development and may include such complementary structures and improvements as are necessary and appropriate.
OWNER (LEGAL TITLE). The person(s) listed in the most recent official records of the Township or County Assessor.
PACKAGE WASTEWATER TREATMENT PLANT. A prefabricated mechanical treatment facility installed to treat the sewage generated from the lots in a subdivision.
PARENT TRACT OR PROPERTY. The land from which the new lot or tract of land is being taken, as recorded in the Recorder’s Office at the time of adoption of this chapter. No lot created after the effective date of Ord. 17, 2006 shall be considered to be a PARENT TRACT.
PERSON. An individual, corporation, firm, partnership, association, organization or any other unit or legal entity.
PETITIONER. The owner(s) of land proposed to be subdivided or his or her representative.
PLAT. A map indicating the subdivision or resubdivision of land, and intended to be recorded in the Jackson County Recorder’s plat books.
PLAT COMMITTEE. A committee appointed by the Commission to review and act upon minor plats.
PLAT, FINAL. A drawing prepared in accordance with the provisions of this chapter, submitted for secondary approval and intended for recording.
PLAT, MINOR. (See MINOR SUBDIVISION.)
PLAT, PRELIMINARY. A drawing prepared in accordance with the provisions of this chapter, submitted for primary approval.
PRIMARY APPROVAL. Approval granted by the Commission to a preliminary plat. The PRIMARY APPROVAL shall include all conditions needed to bring the plat into conformance with this chapter.
PRINCIPAL BUILDING. A building in which the principal use of the lot on which it is located is conducted, including a building that is attached to such a building in a substantial way, such as by a roof (with respect to residential uses, it means the main dwelling).
RESUBDIVISION or REPLAT. Any change in a map of a recorded subdivision plat affecting any street layout, easement, area reserved for public use, lot line, or affecting any map or plan legally recorded prior to the adoption of any regulations controlling subdivision. A REPLAT shall be considered a minor plat, provided, that no new streets or roads or utility extensions are required. If streets or utility extensions are required, then the plat shall be considered a major subdivision of land.
SECONDARY APPROVAL. The final approval granted to a subdivision by the Commission or a designated representative. This approval authorizes the owner or agent to record the plat.
SETBACK. The distance between a building and any lot line.
SETBACK LINE. The line that is the required minimum distance from any lot line and that establishes the area within which the building or structure must be erected or placed.
SKETCH PLAN. A drawing and any accompanying material that shows the general concept of a proposed major subdivision, including street
layout, lot configuration, and such other information as may be required by the Plan Commission’s Rules of Procedure.
STREET. A right-of-way dedicated or otherwise legally established for public use, which affords the principal means of access to abutting property. A STREET may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive or other appropriate name. A STREET may also be classified according to function as follows:
(1) EXPRESSWAYS. Limited-access highways that carry large volumes of traffic and are of more importance regionally than locally. They provide continuous, high-speed traffic flow.
(2) ARTERIAL STREETS. High-capacity, high-volume streets that provide access to and through the city. The primary function of these streets is traffic movement, not access to property.
(3) COLLECTOR STREETS. Medium-volume roads that collect and distribute traffic from lower-classification streets to arterials and expressways or activity centers. Traffic movement on these roads is a higher priority than access to property.
(4) LOCAL STREETS. Low- to-medium volume streets that have the primary function of providing direct access to property. These streets also distribute traffic to and from arterial and collector streets.
(5) CUL-DE-SAC STREETS. Streets with only one outlet and having a paved, usually circular, turn-around at one end.
STREET, DEAD-END. Any street with only one outlet but having no paved turn-around at the closed end.
STREET, HALF. A street for which only half the required right-of-way is dedicated or improved.
STREET, STUB. A street that is extended to the property line for purposes of future extension onto neighboring property.
SUBDIVIDER. Any person who:
(1) Having an interest in land, causes it, directly or indirectly, to be subdivided as defined herein;
(2) Directly or indirectly, sells, leases or develops or offers to sell, lease or develop, or advertises to sell, lease, or develop, any interest, lot, parcel, site, or unit in a subdivision;
(3) Engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel, site, or unit in a subdivision; or
(4) Is directly or indirectly controlled by or under direct or indirect common control with any of the foregoing. (See DEVELOPER.)
SUBDIVISION. The division of a parcel of land into two or more lots, parcels, sites, units, plats or interests for the purpose of offer, sale, lease, or development. It also includes resubdivision or the grant of a right-of-way or access easement.
SUBDIVISION, MAJOR. (See MAJOR SUBDIVISION.)
SUBDIVISION, MINOR. (See MINOR SUBDIVISION.)
SUBSURFACE DRAINAGE. A system of pipes, tile, conduit or tubing installed beneath the ground surface used to collect ground water from individual parcels, lots or building footings.
SURFACE DRAINAGE. A system by which the stormwater runoff is conducted to an outlet. This would include the proper grading of parking lots, streets, driveways, yards, and the like, so that the stormwater runoff is removed without ponding and flows to a drainage swale, open ditch or a storm sewer.
THOROUGHFARE PLAN (OFFICIAL). The part of the comprehensive plan, now or hereafter adopted which includes a major street and highway plan and sets the location, alignment, identification, and classification of existing and proposed public streets, highways and other thoroughfares.
WETLAND. Those areas where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which have soils indicative of wet conditions. The Indiana Wetlands Inventory Maps produced by the Indiana Department of Natural Resources Division of Water will be used as references in determining the size and location of wetlands.
ZONE A. The floodplain.
(Ord. 17, 2006, passed 11-27-2006)