For the purpose of these regulations, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, the singular number includes the plural and the plural the singular. The word "shall" is mandatory and the word "may" is permissive.
ABUTTING PROPERTY OWNERS. Record title owners whose property is contiguous to the subject property, including any property that would touch at any point the subject property, ignoring all rights-of-way, easements and alleys, including property owned by a governmental body for the primary purpose of a road way. However, record title owners of property separated from the subject property by a freeway or expressway are not considered ABUTTING PROPERTY OWNERS, and need not be notified as ABUTTING PROPERTY OWNERS. For the purpose of notifying abutting property owners if only a portion of a parcel of real estate is being considered at the public hearing, and with the remaining portion owned by the same property owner, then the abutting property owner to the entire parcel shall be notified, except that when the abutting property owner's real estate is 500 feet or more distant from the part of the real estate being considered, no notification shall be required.
ACKNOWLEDGMENT OF SIDEWALKS. Acknowledgment of completion of sidewalk construction in accordance with primary plat.
ACT. I.C. 36-7-4-700 et seq. as added by Acts of 1981, P.L. 309, Section 23, and amended by Acts of 1982, P.L. 211, Section 4 and all future acts amendatory thereto.
ALLEY. A strip of land dedicated to public use and providing a permanent secondary means of access to abutting property at the rear or sides thereof.
APPLICANT. The person or persons who apply for approval of a subdivision by the Area Plan Commission under this chapter. This person or persons are also known as the SUBDIVIDER.
BASIC IMPROVEMENTS. See IMPROVEMENTS - BASIC.
BENCH MARK. A monument for which an accurate elevation has been established and recorded on the plat, using the National Geodetic Vertical Datum of 1929.
BUILDING SETBACK LINE. The line indicating the minimum horizontal distance between the right-of-way of any street, and the foundation of any buildings, except designated projections as set forth in the Comprehensive Zoning Ordinance in effect for Warrick County, Indiana, and participating jurisdictions.
COMMISSION. The Warrick County Area Plan Commission.
COMPREHENSIVE PLAN. The complete development plan, or any of its parts, for the development of Warrick County prepared by the Area Plan Commission and adopted in accordance with Chapter 138, Acts of 1957, General Assembly of Indiana, and all amendments thereof and supplement thereto as is now or may hereafter be in effect, as found in I.C. 36-7-1-500 et seq.
COUNTY. Warrick County, Indiana
CUL-DE-SAC. Local street with only one outlet having an appropriate terminus for the safe and convenient reversal of traffic movement.
DRAINAGE BOARD. Warrick County Drainage Board.
EASEMENT. Authorization or grant by a property owner to specific persons or to the public to use the land for specific purposes.
EXECUTIVE DIRECTOR. The duly appointed head of the staff of the Area Plan Commission.
FIRM. Federal Insurance Rate Map as prepared by Federal Emergency Management Agency (FEMA) for Warrick County, Indiana unincorporated areas plus participating towns.
FLOOD HAZARD AREA. 100-year flood contour line from FIRM (or FEMA maps for Warrick County).
IMPROVEMENTS – BASIC. The installation of sanitary sewers and water supply lines.
IMPROVEMENTS – STREET. The installation of streets, street signs, storm sewers, curbs, gutters and sidewalks when required by the Area Plan Commission.
LEGAL DRAIN. An open or tiled ditch, or combination of the two, which are subject to the jurisdiction and control of the Drainage Board.
LETTER OF CREDIT. A legally binding instrument, such as an Irrevocable Letter of Credit or cashiers check, from a duly chartered financial institution or insurance company providing surety satisfactory to the Area Plan Commission that all improvements and installations (required as a condition of primary plat approval) will be constructed in accordance with the standards of this chapter. The Area Plan Commission no longer accepts a bond as surety that the applicant or subdivider will complete all improvements in accordance with the primary plat approval.
LOCAL HEALTH DEPARTMENT. Warrick County Board of Health.
LOT. The tract within a subdivision marked by the subdivider (or applicant) as a numbered, lettered or other identified tract to be offered as a unit of land for transfer of ownership or for development which is an identifiable parcel of land having frontage on a public street or right-of-way.
LOT, CORNER. A lot located at the intersection of two or more streets.
LOT, DOUBLE FRONTAGE. A lot other than a corner lot with frontage on more than one street or through lots abutting two streets.
MAINTENANCE, ACCEPTANCE OF. Official recognition by the Board of Commissioners that streets in a subdivision have been constructed in accordance with the requirements of this chapter and approved construction plans for a specific subdivision and acceptance by the Board of Commissioners of responsibility for ongoing maintenance of the streets.
MUNICIPAL FACILITIES. This is the basic infrastructure provided by a jurisdiction to support the development of land. This basic infrastructure provides for the movement of motor vehicles, bicycle and pedestrians, the disposal of liquid waste, the provision of potable water for drinking, and the conveyance of stormwater. Accordingly, municipal facilities include streets (including bicycle and pedestrian facilities), sanitary sewers, waterlines, and stormsewers or drainage ditches. Where sanitary sewers or a public liquid waste disposal system does not exist, a private liquid waste disposal system (such as a septic system) must be provided as approved by the Health Department. Where a public water supply system does not exist, a private source of potable water (such as a well) must be provided as approved by the Health Department. In this chapter, MUNICIPAL FACILITIES do not include electric, gas, telephone and other telecommunication facilities although easements may be requested by providers of such utilities for the provision of such facilities to the development.
ORDINANCE. This chapter and all subsequent additions or amendments thereto.
OWNER. The individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PARCEL. An area of land that is:
(1) Under common fee simple ownership;
(2) Contained within a continuous border; and
(3) A separately identified parcel for property tax purposes.
PARTICIPATING CITIES AND TOWNS. The towns of Elberfeld, Lynnville, Tennyson and any other general purpose unit of government located within Warrick County that freely chooses by official act of its legislative body to submit itself to the provisions of this chapter and to the administration of zoning and other planning, related studies and ordinances administered by the Area Plan Commission.
PERSON. A corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.
PLAT or PRIMARY PLAT. A map or drawing prepared in accordance with the requirements of this chapter upon which the subdivider's plan of the subdivision is presented and which he or she submits for approval of the Area Plan Commission and intends to record in the final form.
PLAT RELEASE. The release of a "major" subdivision final plat for the purpose of recordation effected by the execution of the plat by the Executive Director and President of the Area Plan Commission.
PRIMARY APPROVAL. An approval (or approval with conditions imposed) granted to a "major" subdivision by the Plan Commission after having determined in a public hearing that the subdivision complies with this chapter.
PROOF OF FINANCIAL RESPONSIBILITY. An irrevocable letter or cashiers check in an amount and form satisfactory to the Area Plan Commission providing surety that all improvements and installations, required as a condition of "major" subdivision primary plat approval, will be constructed in accordance with the standards of this chapter.
PUBLIC IMPROVEMENTS. In addition to MUNICIPAL FACILITIES as defined above, public
improvements may include ditches, drainage ways, legal drains, stormwater retention or detention facilities, public trails and paths, parks, recreation areas, nature conservation areas, or other public improvements for the enjoyment of the general public or those who reside on the land to be subdivided.
RECORDER. The County Recorder of Warrick County, Indiana.
REPLAT. A change in a recorded subdivision plat if such change affects any street layout on such plat, or area reserved therein for public use, or any lot line, with the following exception: in case of a division of a single lot in a recorded subdivision to be added to the adjacent lot for additional acreage without affecting any street layout or area reserved for public use, the replat is exempt from the subdivision process. The replat shall be prepared by a licensed land surveyor with a legal description, submitted to the Area Plan Commission for information purposes, and recorded in the Office of the County Recorder.
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. The stage of application for formal Plan Commission approval of a final plat of a subdivision the construction of which has been completed or guaranteed in accordance with the provisions of this chapter which, if approved and signed by the designated officials may be submitted to the County Recorder for filing.
SECONDARY or FINAL PLAT. The map, drawing, or plan described in this chapter of a subdivision and any accompanying material submitted to the Commission for secondary approval, and which, if approved and signed by the designated officials, may be submitted to the County Recorder for filing.
STATE BOARD OF HEALTH. Indiana State Board of Health.
STREET. A public right-of-way, intended for vehicular traffic, including expressways, parkways, primary thoroughfares, collector streets, local streets, cul-de-sacs, marginal access streets, avenues, boulevards, roads, lanes, ways, courts and other public ways, with the exception of alleys and as now or hereafter or otherwise designated.
(1) FREEWAYS and EXPRESSWAYS. Major streets and highways used primarily for through traffic, mixed traffic or fast or heavy traffic, generally including interstate, U.S. and/or state routes. Freeways are facilities with full access control and grade separation (or interchange) of all crossing transportation facilities. All facilities with a federal functional classification of interstate are freeways. Expressways are facilities with partial access control. Access points to expressways are generally not less than 1,200 feet in rural areas and 600 feet in urban areas. All facilities with a federal functional classification of principal arterial that are on the National Highway System (but not interstates) are expressways. These facilities have minimum right-of-way widths in excess of 150 feet.
(2) ARTERIALS. Streets designed, planned and intended for through vehicular traffic in conformance with the Warrick County Comprehensive Plan. All facilities with a federal functional classification of minor arterial are arterials. The arterial designation corresponds to the dual roadway portion of the previous primary thoroughfare class (and may also be known as primary arterials). These facilities are eventually intended to have four through traffic lanes with access controlled by permit.
(3) URBAN MAJOR COLLECTOR. Streets designed, planned and intended to serve as collectors and distributors of through vehicular traffic in urban areas. All facilities with a federal functional classification of urban collector are urban major collectors. The urban major collector designation corresponds to the single roadway portion of the previous primary thoroughfare class (and may also be known as secondary arterials). These facilities are generally intended to have two through traffic lanes with access controlled by permit. On occasion, four through traffic lanes may be necessary to the magnitude of abutting development.
(4) RURAL MAJOR COLLECTOR. Streets designed, planned and intended to serve as collectors and distributors of through vehicular traffic in rural areas. All facilities with a federal functional classification of rural major collector are rural major collectors. The rural major collector designation corresponds to the single roadway portion of the previous primary thoroughfare class (and may also be known as secondary arterials). These facilities are generally intended to have two through traffic lanes with access controlled by permit. On occasion, four through traffic lanes may be necessary to the magnitude of abutting development.
(5) RURAL MINOR COLLECTOR. Streets designed, planned and intended to serve as collectors and distributors of through vehicular traffic in rural areas. All facilities with a federal functional classification of rural minor collector are rural minor collectors. The rural minor collector designation corresponds to the previous secondary thoroughfare class. These facilities are generally intended to have two through traffic lanes with access controlled by permit.
(6) RESIDENTIAL COLLECTOR STREETS. Streets designed, planned and intended to carry intermediate volumes of traffic within residential areas and from the minor streets to the arterial, primary and secondary streets.
(7) MINOR STREETS. Streets that carry low volumes of traffic and are used primarily to provide access to the abutting properties.
(8) MARGINAL ACCESS or SERVICE STREETS. Minor streets parallel with and adjacent to arterial, primary and secondary streets which provide access to abutting properties and protection from rapid through traffic.
(9) CUL-DE-SACS. Short streets having one end open to traffic, the other end being permanently terminated by a vehicle turn around.
(10) RURAL ROAD. Any county road five miles or more from any incorporated city or town boundary or any existing county right-of-way open for public use.
(a) Rural roads shall be allowed only at the discretion of the Board of Commissioners in new subdivisions which must be located in "A" Agriculture and/or "CON" Recreation and Conservancy zoning districts with minimum lot sizes of two and one-half acres.
(b) Prior to the filing of a subdivision for primary plat where rural rock roads are requested a written request to permit rural rock roads must be submitted in the Office of the Area Plan Commission at least two weeks prior to any County Commissioners meeting. The request must explain in detail the reasons and facts supporting the request setting forth location, number of lots proposed, approximate acreage of lots, sketch of proposed subdivision. Justification for rural roads may include unusual conditions of the plat such as, but not limited to, unusual topographical conditions or other exceptional conditions peculiar to the site that would result in extra ordinary hardship or deny the reasonable use and value of said land.
SUBDIVIDER. Person or persons who own all or any part of the real estate included within the plat at the time of the final approval of said plat. This person or persons are also known as the APPLICANT.
SUBDIVISION OF LAND and SUBDIVIDE.
(1) The division of a parcel of land into two or more lots, parcels, tracts, sites, units, plats or interests, whether for residential or non-residential use, for the purpose of offer, sale, lease or development in a manner prescribed by this chapter.
PARCELS OF LAND are those separately identified as tracts for property tax assessment. The two types of subdivisions provided for under this chapter are defined as follows:
(a) A
MAJOR SUBDIVISION means a division of land not classified as a "minor" subdivision including, but not limited to:
1. A division of land into more than three new lots (that is three new parcels excluding the residual of the original parcel) per year; or
2. Any division of land (regardless of the number of new lots being created) requiring the extension of an existing street or municipal facilities, or the creation of a new street or municipal facilities, or the creation of any public improvements.
(b) A MINOR SUBDIVISION means a division of land containing not more than three new parcels (that is three new parcels excluding the residual of the original parcel) in One Family Dwelling “R-1", “R-1A”, “R-1B”, “R-1C”, “R-1D” districts, "A" Agriculture and "CON" Recreational and Conservancy zoning districts.
(2) The following divisions of land shall be considered
PARCELIZATION.
(a) Area affected. The following divisions of land shall not be considered a SUBDIVISION. All other subdivisions of land shall be subdivided in accordance with this chapter as a minor or major subdivision.
(b) Parcelization. The following subdivisions are excluded from the necessity of conforming to the platting provisions of this chapter only after review and approval by the Plat Review Committee for conformity with this chapter and the Comprehensive Zoning Ordinance. Parcelization may only be done in "CON" Recreation and Conservancy, "A" Agricultural and “R-1", “R-1A”, “R-1B”, “R-1C”, “R-1D” One Family Dwelling Districts. Parcelization may not be done on any property located within a recorded major or minor subdivision.
1. The conveyance of not more than two new lots or parcels, with a minimum of 2 1/2 acres, located within a metes and bounds described legal description deed with no further parcelization within a 12-month period. If the division is to be a building site, the applicant shall submit to the Plat Review Committee proof of septic site/sewer connection and water line or potable water approval.
2. The conveyance of parcels, 25 acres or greater, conveyed from a parcel of land, provided the new parcels so conveyed do not require any new street improvements, meets all Comprehensive Zoning Ordinance provisions; however, there shall be no further re-parcelization of, or conveyances from, the lots or parcels so created. All newly created parcels shall state that they are not yet approved as a building site and shall be for recreational and or agricultural purposes.
3. The conveyance of land not within a recorded subdivision, between the owners of contiguous parcels of land, provided that no additional building sites are created by the parcelization.
4. For the purposes of parcelization, the term
PARCEL shall be defined as a separately identified parcel for property tax purposes.
(c) Parcelization procedure and approval.
1. Meet with the Plat Review Committee with a conceptual plan to determine whether the conceptual plan would meet the parcelization requirements.
2. If the requirements have been met, a licensed land surveyor must create metes and bounds description(s) of the parcel(s) along with a proposed survey drawing of the parcelization plat.
3. File a copy of a completed APC Parcelization Checklist and the proposed plat of survey along with any required fees. Staff will assign addresses for the parcel(s).
4. Three different circumstances exist for public notice and opportunity to comment on the "parcelization" application:
(a) If the subdivider has obtained the signatures of all abutting property owners stating their approval (or no objection to Area Plan Commission approval) and such accompanies the "parcelization" plat at the time of application for approval by the Area Plan Commission, no further public notice nor a public hearing are necessary, and the Executive Director of the Warrick County Area Plan Commission may certify (approve) the "parcelization" plat for recording.
(b) If the subdivider has not obtained the signatures of all abutting property owners stating their approval at the time of the application to the Area Plan Commission for approval of the plat, the applicant shall give notice of the right to voice objections to the Subdivision Review Committee and then the right to appeal to the full Area Plan Commission to all abutting property owners of record. Within seven days of filing of the application, the notice shall be sent by the applicant to abutting property owners of record by certified mail with return receipts using a prescribed form furnished by the Area Planning Commission. The notice of the right to voice objections to the Subdivision Review Committee and then the right to appeal to the full Area Plan Commission shall inform the abutting property owner that he or she has ten days from the post marked date of the mailing of the notice to submit a written objection (the address of the Area Plan Commission being included in the notice) to the Area Plan Commission for an audience before the Subdivision Review Committee. Only abutting property owners of record shall make such an objection, and the objection shall be heard before the Subdivision Review Committee before the objector may appeal to the full Area Plan Commission. An affidavit which lists the abutting property owners and attests that notice has been duly given to said property owners must be filed with the Area Plan Commission along with all return receipts within ten days of the filing of the application. Two possible actions may occur:
(i) If the affidavit is in order and no oral nor written objection has been received by the Area Plan Commission on or before the close of the ten days of notification of the abutting property owners, the Executive Director of the Warrick County Area Plan Commission may certify (approve) the "parcelization" plat for recording.
(ii ) If on the other hand, an oral or written objection is received by the Area Plan Commission on or before the close of the tenth day subsequent to the notification of the abutting property owners, the Executive Director of the Warrick County Area Plan Commission shall announce, within 14 days of receipt of the application, the date that the objection will be reviewed by the Subdivision Review Committee by giving written notification to the applicant and the objector.
Following the review before the Subdivision Review Committee, the Executive Director of the Area Plan Commission may approve, disapprove (with written findings that set forth its reasons for denying approval and provide the applicant a copy) the "parcelization" application, or request the full Area Plan Commission to review the matter. If the application is to be approved, the Executive Director shall inform all objectors by certified mail of their right to appeal to the full Area Plan Commission by oral or written request within ten days. Only those abutting property owners who have raised an original objection and requesting a review by Subdivision Review Committee can appeal to the full Area Plan Commission. lf no oral or written appeal is received within ten days, the Executive Director of the Area Plan Commission shall certify (approve) the "parcelization" plat for recording.
(c) After the Subdivision Review Committee has met and the Executive Director has made a finding to deny the parcelization, the applicant may appeal to the full Area Plan Commission. After the Subdivision Review Committee has met and the Executive Director has informed all objectors of the intent to approve the parcelization an original objector who is also an abutting property owner may appeal orally or in writing to the full Area Plan Commission within ten days of receiving notice of the intent to approve the subdivision. Finally, the Executive Director may request an appeal before the full Area Planning Commission. Under any of these three circumstances, the Area Planning Commission will hold a Public Hearing at the next scheduled Area Planning Commission and the Executive Director shall give written notice to the applicant and any objectors of the date of the Public Hearing.
5. If the parcelization is approved, the applicant must record the deeds when property is transferred in the Office of the County Recorder. A copy must be submitted to the APC office.
(3) Lot line adjustments. A lot line adjustment may be done for changes to a lot line where the adjoining lots/parcels are platted having a common lot line and common zoning (“R-1", “R-1A”, “R-1B”, “R-1C”, “R-1D” One Family Dwelling Districts, Agriculture and Conservancy zonings are done by parcelization).
(a) No additional lots of building sites may be created.
(b) The newly created sites must meet all requirements of the Comprehensive Zoning Ordinance.
(c) The lot line adjustment cannot exceed 30 feet. Anything larger than said 30 feet shall require a major subdivision or replat.
(d) The actual property line is not officially moved until a deed to transfer the title is recorded.
(4) The term SUBDIVISION includes resubdivision and, when appropriate to the context, includes the process of subdividing and the land subdivided.
SUBDIVISION REVIEW COMMITTEE. A five member committee appointed by the Commission for the review of plats. At least one member of the Subdivision Review Committee shall also be a member of the Area Plan Commission. Other members of the committee shall include a staff member designated by the Executive Director of the Area Plan Commission, a representative of the County Engineer's Office, a representative of the County Surveyor's Office, and a representative of the County Health Department.
THOROUGHFARE PLAN. The Thoroughfare Plan identifies the future roadway system supporting the Future Land Use Plan that is part of the Comprehensive Plan. The Thoroughfare Plan places the major streets and highways of the county into functional class (i.e., the purpose the road serves.) In turn, each functional class has a typical right-of-way width and design cross section (i.e., number of lanes, pavement width, etc.). The Thoroughfare Plan is used in the development review process to reserve right-of-way for future roadway improvements and to guide the design of roadway improvements by the public or private sectors. (See §§ 154.145 et seq.)
ZONING ORDINANCE. An ordinance and Zone Map now or hereafter adopted which divides the jurisdiction of the county into districts, with regulations and requirements and procedures for the establishment of land use controls.
(BC Ord. 2006-05, passed 3-20-06; Am. BC Ord. 2007-21, passed 9-12-07; Am. BC Ord. 2010-17, passed 12-6-10; Am. BC Ord. 2010-18, passed 12-20-10; Am. BC Ord. 2011-09, passed 5-9-11; Am. BC Ord. 2011-11, passed 5-9-11; Am. BC Ord. 2013-05, passed 3-11- 13; Am. BC Ord. 2015-23, passed 10-12-15; Am. BC Ord. 2022-04, passed 2-14-22; Am. BC Ord. 2022-05, passed 2-14-22; Am. BC Ord. 2022-06, passed 2-14-22; Am. BC Ord. 2022-07, passed 2-14-22)