For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING OR STRUCTURE. A building or use which:
(1) Is subordinate to and serves a principal building or principal use;
(2) Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served;
(3) Is subordinate in area, extent, or purpose to the principal building or principal use served; and
(4) Is located on the same lot as the principal use or structure served, with the exception of accessory off-street parking facilities as are permitted elsewhere than on the same lot with the use or structure.
ADMINISTRATOR. The duly appointed Building and Zoning Administrator for the town.
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 principal frontage is on some other street.
ALL SOIL TYPES. Location of the predominant soil types, which may be determined by the U.S. Department of Agriculture, Natural Resources Conservation Service, or county soil survey in the sketch plan and as determined by a certified professional soil scientist in the primary subdivision plat.
APPLICANT. The owner of land proposed to be subdivided, or representative who shall have express written authority to act on behalf of the owner. Written consent acceptable to the Commission shall be required from the legal owner of the premises.
APPROVED STREET. Any street, whether public or private, meeting standards and specifications of the town.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities, or other types of definite boundaries.
BOND. Any form of surety including a cash deposit, certificate of deposit, surety bond, letter of credit, or instrument of credit. All BONDS shall be approved by the Town Council whenever a BOND is required.
BUFFER LANDSCAPING. Any trees, shrubs, walls, fences, berms, or related landscaping features required under this chapter or other applicable ordinances on private lots and privately maintained for buffering lots from adjacent properties or public rights-of-way for the purpose of increasing privacy and/or otherwise minimizing detrimental environmental effects (such as, noise, light, water runoff, and the like).
BUILDING. A structure having a roof, supported by columns or walls, for the shelter, support, or enclosure of persons, property, or animals; and when separated by division walls from the ground up and without openings, each portion of the BUILDING shall be deemed a separate BUILDING. The term includes the word STRUCTURE, and vice versa.
BUILDING LINE. The line that establishes the minimum permitted distance on a lot between the front line of a building and the street right-of-way.
CENTRAL SEWER SYSTEM. Either a community sewer system including collection and treatment facilities established by a developer to serve one or more new or existing subdivisions in an outlying area, or a public sewer system.
CENTRAL WATER SYSTEM. Either a community water system including water treatment and distribution facilities established by a developer to serve one or more new or existing subdivisions in an outlying area, or a public water system.
COMMISSION. The Advisory Plan Commission of the town, unless otherwise 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 statement forms for the development of the town and adopted by the Commission pursuant to the I.C. 36-7-4-500 series and including any part and/or policies separately adopted and any amendment to that plan and/or policies, or parts thereof. It does not include the implementing ordinances, such as Chapter 156 of this code and this subdivision control chapter.
COUNCIL. The Town Council.
CUL-DE-SAC. A local street with only one outlet that terminates in a vehicular turnaround and has an appropriate terminal for the safe and convenient reversal of traffic movement.
DENSITY. The number of dwelling units per gross acre, computed by dividing the gross acreage of the subdivision into the total number of dwelling units.
DESIGNATED OFFICIALS. The President and Secretary of the town’s Plan Commission or their nominees who may sign subdivision documents per I.C. 36-7-4-700 series.
DEVELOPED AND IMPROVED. The construction and placement upon a lot, with all required permits, of a principal building or structure as allowed by the zoning for that lot and approved by the town.
DEVELOPER. The owner of land proposed to be subdivided or his or her representative who is responsible for any undertaking that requires review and/or approval under these regulations.
EASEMENT. A grant by a property owner for the use by another, for a specific purpose, of any designated part of his or her property.
ESCROW. A deposit of cash with the Town Council in lieu of an amount required and still in force on a performance bond or maintenance bond. These ESCROW funds shall be held by the town.
FRONTAGE. That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot except as provided for on a corner lot.
FRONTAGE STREET. Any street to be constructed by the developer or any street already existing along which development shall take place on both sides.
GRADE. The slope of a road, street, or other public way specified in percentage terms.
GROSS LAND AREA or GROSS ACREAGE. The entire area of a subdivision, including lots, streets, and alleys, measured to the centerline of any bounding streets.
HEALTH DEPARTMENT and HEALTH OFFICER. The agency designated by state law and the person designated by the town to administer the health regulations of the town.
HOBBY FARMS. A farm for personal enjoyment and not for commercial gain; in subdivisions, according to the provisions of § 156.040 of this code, HOBBY FARMS are permitted only when at least 80% of the platted lots are five acres or more in size.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank or any other similar sewage treatment device approved by the Health Department and placed to service one individual lot.
JOINT OWNERSHIP. Ownership by more than one person; each shall be considered as sole owner and joined for approval purposes.
LOT. Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record and are coterminous with all adjoining real estate, that is recognized and intended as a unit for the purpose of transfer of ownership. LOT includes the words PLOT, PIECE, and PARCEL.
LOT, CORNER. A lot abutting on and at the intersection of two or more streets.
LOT, FLAG. A lot with access provided to the bulk of the lot by means of a narrow corridor.
LOT IMPROVEMENT. Any building, place, or other object, constituting a physical betterment of real property, or any part of this type of betterment, which requires a permit from the town.
LOT, INTERIOR. A lot other than a corner or through lot.
LOT, THROUGH or DOUBLE FRONTAGE LOT. A lot fronting on two parallel or approximately parallel streets; also a lot fronting on both a street and a watercourse or lake.
MAJOR SUBDIVISION. All subdivisions not classified as a minor subdivision, including but not limited to subdivisions of three or more lots, or any size subdivision requiring any new street or extension of the local governmental facilities, or the creation of any central or public improvements.
MARKER. A stake, pipe, rod, nail, or any other object which is not intended to be a permanent point for record purposes.
MAY. The act referred to is permissive.
MINOR SUBDIVISION. Any subdivision of not more than two lots, all with frontage on a perimeter street, or any further subdivision or resubdivision of a non-residential development whose lots may or may not have frontage on a perimeter street which does not include any improvement to a public road, provided this subdivision activity involves neither the construction of any new street or road, nor the imposition of any adverse effect upon the use of the remainder of the land or adjoining property as determined by the Commission, and provided this activity does not conflict with any provisions or portion of the Comprehensive Plan, Official Zoning Map, or Chapter 156 of this code, nor any of the regulations set forth therein.
MODEL HOME. A dwelling unit used initially for display purposes which exemplifies the type of dwelling units that will be constructed within the subdivision and which will not be permanently occupied during its use as a model. These dwelling units may be utilized for the sole purpose of real estate offices for the sale of lots within the same subdivision as set forth in the provisions of this chapter. MODEL HOMES shall be petitioned pursuant to § 155.132 of this code.
MONUMENT. A permanent physical structure which marks the location of a corner or other survey point.
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 identification.
PARENT PARCEL. The original lot, tract, or parcel of land as it existed upon the adoption of this chapter, provided the plat is not in violation of any previous ordinance. The PARENT PARCEL is ascertained by the tax key numbers on record in the office of the County Auditor.
PARKWAY. An unpaved strip of land situated within the public right-of-way of a street.
PERIMETER STREET. Any existing street to which the parcel of land to be subdivided abuts on only one side.
PERSON. Includes an individual, a corporation, a partnership, and an unincorporated association, or their agents.
PLAN COMMISSION. The PLAN COMMISSION of the town, unless otherwise specified.
PLAT. A plan, map, or drawing on which the subdivider’s plan for the subdivision of land is presented and which he or she submits for approval and intends to record in final form.
PLAT, PRIMARY. The drawing or drawings indicating the proposed manner of layout of the subdivision meeting the conditions of this chapter to be submitted to the Commission for primary approval and prepared by a registered land surveyor or registered engineer.
PLAT, SECONDARY. The map or drawing, described in this chapter, on which the subdivider’s plan of subdivision is presented 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.
PLAT, TENTATIVE. See SKETCH PLAN.
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 by this chapter per I.C. 36-7-4-700 series - subdivision control.
PRINCIPAL BUILDING OR STRUCTURE. The building or structure in which the principal use of the lot or premises is located or conducted. With respect to residential uses, the PRINCIPAL BUILDING OR STRUCTURE shall be the main dwelling.
PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the town may ultimately assume the responsibility for maintenance and operation, or which may effect an improvement for which town responsibility is established.
RESUBDIVISION. A change in a map of a plat having secondary approval or a recorded subdivision plat if that change affects any street layout on the map or area reserved thereon for public use, or any lot line, except as otherwise exempted in this chapter.
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 secondary plat is to be separate and distinct from the lots or parcels adjoining that RIGHT-OF-WAY and not included within the dimensions or areas of those lots or parcels. RIGHTS-OF-WAY intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the subdivider on whose plat the RIGHT-OF-WAY is established.
ROADWAY. The paved area within a street right-of-way intended for vehicular traffic, including all curb and gutter facilities.
SECONDARY APPROVAL. The stage of application for formal Commission approval of a secondary plat of a subdivision, after adequate assurances have been provided to the Commission to cover the installation and completion of improvements in compliance with the chapter, which if approved and signed by the designated officials may be submitted to the County Recorder for filing.
SECONDARY PLAT. The map or drawing, described in this chapter, on which the subdivider’s plan of subdivision is presented 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.
SHALL. The act referred to is always mandatory and never discretionary.
SHOULD. The act referred to is advisory.
STREET, ARTERIAL. A street of considerable continuity which carries a large volume of traffic from one section of town to another.
STREET, COLLECTOR. A street which carries traffic from minor streets to another COLLECTOR or arterial street, including the principal entrance streets to residential developments and the principal circulating streets within a residential development.
STREET, LOCAL. A street used primarily for access to abutting properties, usually residential.
STREET, MARGINAL ACCESS or FRONTAGE ROAD. A public or private street generally paralleling and contiguous to a main traveled way, primarily designed to promote safety by reducing ingress and egress to the right-of-way and providing safe and orderly points of access at fairly uniformly spaced intervals.
SUBDIVIDER. Any person having a proprietary interest in land, who causes it to be divided into a subdivision.
SUBDIVISION.
(1) The division of a parcel of land into 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 of development of land zoned for residential and non-residential uses.
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, any interest, lot, parcel, unit, site, or plat in a subdivision.
TECHNICAL ADVISORY COMMITTEE or TAC. A committee of the Plan Commission, consisting of the following members:
(1) Zoning Administrator;
(2) Town Building Administrator;
(3) Town Engineer;
(4) Designee of Indiana American Water;
(5) Designee of the Winfield Sewer Board;
(6) Plan Commission Attorney;
(7) Three Members of the Plan Commission;
(8) County Highway Department;
(9) County Drainage Board (County Surveyor);
(10) Volunteer Fire Department;
(11) Any additional agencies as requested by Staff;
(12) Soil and Water Conservation District; and
(13) Designee of town Stormwater Board.
TEMPORARY IMPROVEMENT. Any improvement built and maintained by a subdivider during construction of the subdivision and which shall be ultimately eliminated by the installation of a permanent improvement by the subdivider.
TOWN. The Town of Winfield, Lake County, Indiana.
TOWN ENGINEER. The TOWN ENGINEER or a designated engineering consultant.
USED FOR. Includes the words DESIGNED FOR and OCCUPIED FOR.
(Ord. 27, § 2.10.20, passed 4-16-1997; Am. Ord. 191, passed 6-15-2010; Am. Ord. 41I, passed 2-15-2010; Am. Ord. 27-D, passed 2-8-2022)