For the purpose of this chapter, the following definition shall 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 dominate use of the principal building or land.
ADMINISTRATOR. The officer appointed by and/or delegated the responsibility for the administration of these regulations by the Planning Commission. This term shall be construed to include those planning staff members working under the direction of the ADMINISTRATOR in the exercise of his or her responsibilities in regard to the processing of these Subdivision Regulations.
ADVISORY PLAN COMMISSION. A Plan Commission serving a single local government jurisdiction established as defined under the I.C. 36-7-1-2 as amended.
ALLEY. A public or private vehicular right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principle frontage is on some other street.
APPLICANT. The owner of land proposed to be subdivided or his or her agent or his or her legal representative.
ARTERIAL STREET. Are major traffic arteries designed to handle fast or heavy traffic and generally connecting points or major traffic generators.
BLOCK. Shall mean a tract of land bounded by street, or by a combination of streets, public area, railroad right-of-way or other similar natural or man-made boundaries.
BOND. Any form of security including a cash deposit or surety bond in an amount and form satisfactory to the Plan Commission. All bonds shall be approved by the Commission whenever a bond is required by these regulations.
BUFFER LANDSCAPING. Any trees, shrubs, walls, fences, berms or related landscaping features required under this chapter or the Zoning Ordinance on private lots and privately maintained for buffering lots from adjacent properties or public rights of way for the purpose of increasing sound and/or visual privacy. (See SCREENING also.)
BUILDING. Any roofed structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.
BUILDING CODE. That city ordinance or group of ordinances establishing and controlling the standards for constructing building, utilities, mechanical equipment and all forms of structures and permanent installations and related matters, within the City of Washington and the 2 mile jurisdictional area. Also referred to herein as the City Building Code. The Building Code includes by reference all related standards in Code 675 I.A.C. 12-1.1, Indiana Fire Safety Code.
BUILDING PERMIT. A certificate issued by the Building Permit Official of a governing body permitting a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure within its jurisdiction, or cause the same to be done.
BUILDING PERMIT OFFICIAL. That official of local government authorized to issue building permits.
BUILDING SET BACK LINE. A line within a lot or other parcel of land which denotes the area between the line and the adjacent street right-of-way line, where a building and other obstructions are prohibited, except those encroachments that are permitted.
CAPITAL IMPROVEMENTS PROGRAMS. A proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual local government's operating expenses, for the purchase, construction or replacement of the more durable, longer lived physical assets for the community are included.
CENTRAL SEWAGE SYSTEM. A community sewer system including collection and treatment facilities established by the 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 and includes the above facilities established by the developer to serve a new subdivision.
CERTIFICATE. The signed and attested document which indicates that a subdivision has been granted secondary approval by the Commission subsequent to proper public notice of its hearing.
CHECKPOINT AGENCY. A public agency or organization called upon by the Commission to provide expert counsel with regard to a specific aspect of community development or required by law to give its assent before subdivision may take place.
CITY ENGINEER. The licensed engineer designated by the city to furnish engineering assistance in the administration of these regulations.
CITY GOVERNMENT. That governmental body of the city empowered to adopt planning and public policy ordinances; the City Council, herein referred to only as the city.
COLLECTOR STREETS. Are streets which carry traffic from local streets to the arterial street system, including the principle entrance streets of a residential development and streets for circulation within a development.
COMMISSION. The City of Washington Advisory Plan Commission or Commission as referred to herein; not the Board of County Commissioners, or any other commission unless so specified.
COMMISSION ATTORNEY. The licensed attorney designated by the Commission to furnish legal assistance for the administration of this chapter or as provided by statute.
COMPREHENSIVE PLAN. Inclusive physical, social, and economic plans and policies in graphic and verbal statement forms for the development of the city (and the constituent communities within its planning jurisdiction), prepared and adopted by the Commission, pursuant to the State Acts and including any part of the plan and/or policies separately adopted and any amendment to the plan and/or policies, or parts thereof.
CONDOMINIUM. The division of building(s) and the related land into horizontal property interests meeting the requirements of and controlled by Indiana Statutes for condominium as prescribed by the I.C. 32-25.
CONSTRUCTION PLANS(S). The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed for the subdivision in accordance with the requirements of this chapter as a condition of the approval of the plat.
COUNCIL. The Common Council of the city.
COUNTY AUDITOR. That county official empowered to examine and settle all accounts and demands that are chargeable against the county and not otherwise provided for by statute.
COUNTY RECORDER. That county official empowered to record and file land description plats.
CUL-DE-SAC. A minor local street with a single outlet, and is permanently terminated by a paved vehicle turnaround.
DEAD-END-STREET. A street or a portion of a street with only 1 vehicular traffic outlet, and no turnaround at the terminal end.
DESIGNATED OFFICIALS. Those officials of the Commission designated in the subdivision chapter as required signatories for the execution of final approval.
DEVELOPER. The owner of land proposed to be subdivided or his or her representative. Consent for making applications for development approval shall be required from the legal owner of the premises.
DRIVES, PRIVATE. Vehicular streets and driveways, paved or unpaved, which are wholly within private property except where they intersect with other streets within public right-of-way.
DRIVEWAY. A right-of-way which provides egress or ingress to a residential dwelling unit.
EASEMENT. A quantity of land set aside over or under which a liberty, privilege, or advantage in land without profit is dedicated and is distinct from ownership of the land, or is granted either to the public, a particular person, or a combination of both.
ESCROW. A deposit of cash with the Commission in lieu of an amount required and still in force on a performance or maintenance bond. Escrow funds shall be held by the City Clerk-Treasurer.
FINAL PLAT. The map, drawing, or plan described in this chapter of a subdivision and any accompanying material submitted to the Commission for final approval, and which if approved and signed by the designated officials, may be submitted to the County Recorder for recording.
FINAL APPROVAL. The stage of applications for formal Plan Commission approval of a final plat of a subdivision which, if approved and signed by the designated officials, may be submitted to the County Recorder for filing.
FLOOD HAZARD AREAS. Those flood plains which have not been adequately protected from flooding by the Regulatory Flood by means of dikes, levees, or reservoirs and are shown on the Floodway-Flood Boundary Maps of the Federal Insurance Administration or maps provided to the Commission from the State Natural Resources Commission.
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 the river or stream which has been or may hereafter be covered by flood water from the regulatory flood.
FLOODWAY FRINGE. Those portions of the Flood Hazard Areas lying outside the floodway, shown on the Floodway-Flood Boundary Maps of the Federal Insurance Administration.
FOUNDATION. The supporting member of a wall or structure.
FRONT YARD. A yard as defined herein, encompassing the horizontal space between the nearest foundation of a building to the right-of-way line and that right-of-way line, extending to the side lines of the lot and measured as the shortest distance from that foundation to the right-of-way line. The front yard of a corner lot shall be that yard abutting the street upon which the lot has its least frontage.
FRONTAGE. That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot. Lots shall not be considered to front on stub ends of streets and in the case of corner lots will be considered to front on both intersecting streets. No access for any 1 lot is permitted to more than 1 street and that street generally will be the one calculated to have lower traffic volume and less frequent intersection.
FRONTAGE STREET. Any street to be constructed by the developer or any existing street in which development shall take place on both sides.
GOVERNING BODY. The body of the relevant local government having the power to adopt ordinance.
GRADE. The slope of a street, or other public way, specified in percentage terms.
HEALTH DEPARTMENT AND (COUNTY) HEALTH OFFICER. The agency and person designated by the County to administer the health regulations within the county's jurisdiction.
HIGHWAY, LIMITED ACCESS. A freeway, or expressway, providing for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right to access to or from the same, except at points and in the manner as may be determined by the public authority having jurisdiction over a highway.
HOUSING CODE. That city ordinance controlling the continuing safety and healthfulness of buildings for human occupation within the city's jurisdiction. Also referred to herein as the Housing Code.
INDIANA CODE. The Burns Indiana Statutes Code Edition, which codifies all Indiana Statutes for reference purposes. The latest edition with any amending supplements must be referred to for the laws now in force and applicable. (Usually abbreviated as I.C. herein.)
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device approved by the 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 ownership among persons shall be construed as the same owner, constructive ownership for the purpose of imposing subdivision regulations.
LAND DIVIDER. The owner of a parcel of land to be further divided through making an exempt division.
LANDSCAPING. Any trees, shrubs, walls, fences, berms or related landscape features required under this chapter or the zoning ordinance on private lots for the visual enhancement and definition of frontage along a public right-of-way.
LOCAL STREET. A street intended to provide access to other streets from individual properties but do not provide through traffic.
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 2 streets, the interior angle of the intersection not exceeding 135 degrees.
LOT IMPROVEMENT. Any building, structure, work of art, or other object or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of betterment.
MAJOR SUBDIVISION Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of 4 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.
MAP. A representation of a part or the whole of the earth's surface, in signs and symbols, on a plane surface, at an established scale, with a method of orientation indicated.
MARKER. A stake, pipe, rod, nail or any other object which is not intended to be a permanent point for record purposes.
MASTER PLAN. (See Comprehensive Plan.)
MINOR SUBDIVISION. Any subdivision containing not more than 3 lots fronting on an existing street which is an improved right-of-way maintained by the city (or other local government,) not involving any new street or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel of adjoining property, and not in conflict with any provisions or portion of the Comprehensive Plan, Official Map, Zoning Ordinance, or this chapter.
MOBILE HOME. A transportable structure larger than 750 square feet, designed to be used as a year-round residential dwelling, and built prior to the enactment of the federal Mobile Home Construction and Safety Act of 1974, being 42 U.S.C. §§ 5401 et seq., which became effective for all mobile home construction on June 15, 1976.
MODEL HOME. A dwelling unit used initially for display purposes which typifies the kind of units that will be constructed in the subdivision. These dwelling units may be erected, at the discretion of the Commission, by permitting a portion of a major subdivision involving no more than 2 lots to be created according to the procedures for minor subdivisions, as set out in these regulations.
MONUMENT. A physical structure which marks the location of a corner or other survey point.
NET BUILDABLE. The portion of a lot that can be developed with buildings, septic system and water well.
NO-ACCESS STRIP. A land area at least 12 feet wide along the rear lot lines of double frontage lots and abutting a major street within which no private vehicular driveway shall be permitted. Walkways may be permitted.
NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial. This subdivision shall comply with the applicable provisions, of these regulations.
OFF-SITE. Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
OFFICIAL MAP. The map or maps established by the city pursuant to law showing the existing and proposed streets, highways, parks, drainage systems and set-back lines theretofore laid out, adopted and established by law and any amendments or additional thereto adopted by the city of additions thereto resulting from the approval of subdivision plats by the Commission and the subsequent filing of approved plats.
ORDINANCE. Any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.
OWNER. Includes any person, firm association, partnership, private corporation, public or quasi-public corporation, or a combination of any of these, or other legal entity having sufficient proprietary interest in the land sought to be subdivided or divided to commence and maintain proceedings under the provisions of this chapter.
PARCEL. A part or portion of land having a legal description formally set forth in a conveyance together with the boundaries thereof, in order to make possible its easy identifications.
PEDESTRIAN WAY. A right-of-way across or within a block designated for pedestrian use.
PERIMETER STREET. Any existing street to which the parcel of land to be subdivided abuts on only 1 side.
PLAN COMMISSION. City of Washington Plan Commission.
PLANNED UNIT DEVELOPMENT. Planned unit development is a means of land regulation which permits large scale, unified land development in a configuration and possibly a mix of uses not otherwise permitted as of right under the City Zoning Ordinance but requiring under that ordinance a special review and approval process.
PLAT. A map indicating the subdivision or resubdivision of land filed or intended to be filed for record with the County Recorder.
PRELIMINARY PLAT. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or 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 series: Subdivision Control).
PRINCIPLE USE BUILDING. A building in which the principle use of the lot or parcel is conducted. Standards recognized by the Indiana Department of Fire and Safety shall be used to determine whether a given structure constitutes 1 or more buildings in cases where ambiguities exist.
PUBLIC AGENCY. An agency or government 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 whom 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 improvements shall be properly bonded.)
REAR YARD. A yard as defined herein, encompassing the horizontal space between the nearest foundation of a building to a rear lot line and that rear lot line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the rear lot line. The rear yard of a corner lot shall be that yard at the opposite end of the lot from the front yard.
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.
REGISTERED PROFESSIONAL ENGINEER. An engineer properly licensed and registered in the State of Indiana or permitted to practice in Indiana through reciprocity.
REGULATORY FLOOD. That flood having a peak discharge which can be equaled or exceeded on the average of once in a 100-year period, as calculated by a method and procedure which is acceptable to and approved by the State Natural Resources Commission; this flood is equivalent to a flood having a probability of occurrence of 1% in any given year.
REGULATORY FLOOD ELEVATION. The maximum elevation, as established by the Indiana Department of Natural Resources, reached by the regulatory flood at the locations in question relevant to approval of a given subdivision under consideration.
REGULATORY FLOODWAY. The channel of a river or stream and those portions of the Flood Plains adjoining the channel which 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 of the Federal Insurance Administration.
RESTRICTIVE COVENANTS. Limitations of various kinds on the usage of lots or parcels of land within a subdivision which are proposed by the subdivider, and in the case of public health, safety and welfare by the Commission, that are recorded with the plat and run with the land.
RESUBDIVISION. A change in a map of an approved or recorded subdivision plat if the change affects any street layout on the map or area reserved thereon for public use, or any lot line, or setback; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivision.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, pedestrian-way, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, special landscaping, or for another special use. The usage of the term RIGHT-OF-WAY for land platting purposes shall mean that every RIGHT-OF-WAY hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining the RIGHT-OF-WAY and not included within the dimensions or areas of the lots or parcels. RIGHT-OF-WAY intended for streets, crosswalks, water mains, sanitary sewers, storm drains, screening or special landscaping, or any other use involving maintenance by public agency shall be dedicated to public use by the subdivider on whose plat the right-of-way is established.
ROADWAY. That portion of the street designated for vehicular use.
SALE OR LEASE. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, interstate succession, or transfer, or an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, interstate succession or other written instrument.
SAME OWNERSHIP. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporation, firms, partnerships, entities, or unincorporated associations, in which a stockholder, partner, or associate, or a member of or her family owns an interest in each corporation, firm, partnership, entity or unincorporated association.
SCREENING.
(1) Either:
(a) A strip of at least 10 feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least 4 feet high at the time of planting, of a type that will form a year-round dense screen at least 6 feet high; or
(b) An opaque wall or barrier or uniformly painted fence at least 6 feet high.
(2) Either divisions (1)(a) or (b) above shall be maintained in good condition at all times and may have no signs affixed to or hung in relation to the outside thereof except as permitted or required under the Zoning Ordinance. Where required by the Zoning Ordinance a screen shall be installed along or within the lines of a plot as a protection of adjoining or nearby properties. Earth berms may be incorporated as part of the screening measures where appropriate.
SETBACK. A line parallel to and equidistant from the relevant lot line (front, back, side) between which no buildings or structures may be erected as prescribed in the City Zoning Ordinance.
SHADE TREE. A tree in a public place, special easement, or right-of-way adjoining a street as provided in these regulations.
SIDE LOT LINES. Any lines separating 2 lots other than front or rear lot lines.
SIDEWALK. That portion of the street right-of-way designated for pedestrian use.
SKETCH PLAN. The initially submitted graphic representation of a proposed major subdivision, drawn to approximate scale, either superimposed upon a print of a topographic survey, or presented in any other suitable graphic medium or form acceptable to the Commission and in the case of a minor subdivision, the drawing or drawings indicating the proposed manner of layout of the subdivision meeting the conditions of the subdivision chapter to be submitted to the Commission for primary approval.
SOIL SURVEY. The National Cooperative Soil Survey prepared by the U.S. Department of Agriculture, Soil Conservation Service in cooperation with Purdue University.
STATE ACTS. The legislative acts of the State of Indiana as they affect these regulations.
STATE PLANE - COORDINATE 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 of Indiana.
STREET. A right-of-way which affords primary means of access by pedestrians and vehicles to abutting properties, whether designated as a street, avenue, highway, road boulevard, easement, or however otherwise designated.
STREET, CLASSIFICATION. For the purpose of providing for the development of the streets, highways and right-of-way in the governmental unit and for their future improvements, reconstruction, realignment and necessary widening, including provision for curbs and sidewalks, each existing street, highway and right-of-way and those located on approved and filed plats, have been designated on the Official Map of the city or Thoroughfare Plan 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 city and its present and estimated future traffic volume and its relative importance and function as specified in the City 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.
STREET, RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the center of the street.
STRUCTURE. Anything constructed or erected that requires location on or in the ground or is attached to something having a location on or in the ground.
SUBDIVIDER. Any person who:
(1) Having a proprietary interest in land, causes it, directly or indirectly, to be divided into a subdivision;
(2) Directly or indirectly sells, leases, or develops, or offers to sell, lease, or develop, or advertise for sale, lease or development, any interest, lot, parcel, site, unit or plat 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 of any interest, lot, parcel, site, unit or plat in a subdivision; and
(4) Is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.
SUBDIVISION. The division of a parcel of land into 3 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 zoned 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 herein called Exempt Divisions. Exempt divisions must be 1 of the following types of division.
(1) A division of land into 2 or more tracts of which all tracts are at least 1½ acres in size or larger; which front on public street or road right-of-way.
(2) A division of land for the transfer of a tract or 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;
(3) 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;
(4) A division of land for federal, state or local government to acquire street right-of-way;
(5) A division of land for the transfer of a tract or tract between adjoining lots provided that no additional principle use building sites are created by the division.
(6) A division of land into cemetery plots for the purpose of burial of corpses.
SUBDIVISION AGENT. Any person who represents, or acts for or on behalf of, a subdivider or developer, in selling, leasing, or developing, or offering to sell, lease, or develop any interest, lot, parcel, unit, site or plat in subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services and is not involved in developing, marketing or selling real property in the subdivision.
SUBDIVISION DESIGN STANDARDS. The basic land-planning principles established as guides for the preparation of preliminary plans and final plats.
SUBDIVISION, EXEMPT. See SUBDIVISION.
TEMPORARY IMPROVEMENT. Improvements built and maintained by a subdivider during construction of the subdivision and intended to be replaced by a permanent improvement prior to release of the performance bond or turnaround improvements at the ends of stub streets intended to be replaced when the adjoining area is developed and the through street connection made.
TERRAIN CLASSIFICATIONS. As follows:
(1) Ordinary - cross slope range 0-8%;
(2) Rolling - cross slope range 8.1%- 15%; and
(3) Hilly - cross slope range over 15%.
THOROUGHFARE PLAN. See OFFICIAL MAP.
YARD. A space on the same lot with a principle building, the space being open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.
ZONING ORDINANCE. That city ordinance setting forth the regulations controlling the use of land in the unincorporated areas and in those jurisdictions within the city not controlling land use through their own zoning ordinances. Also referred to as the CITY ZONING ORDINANCE.
(Prior Code, § 155.13) (Am. Ord. 17-2004, passed 9-27-2004)