For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. For the purpose of this chapter, certain numbers, abbreviations, terms, words, and phrases shall be used, interpreted, and defined as set forth in this section. Whenever any words and phrases are not defined within this section but are defined in I.C. 36-7-4 et seq. and in any acts supplemental or amendatory thereto, the state statutory definition shall be deemed to apply. The masculine includes the feminine; the present tense includes the past and future tense, and the singular number includes the plural. The word “shall” is a mandatory requirement, the word “may” is a permissive requirement, and the word “should” is a preferred requirement. All other words not defined this section or elsewhere in this chapter shall be defined according to any recent edition of a dictionary of the English Language.
ACCESSORY BUILDING. A subordinate structure, the use of which is incidental to that of the dominant use of the primary building or land.
ADMINISTRATOR. The officer appointed by and/or delegated the responsibility for the administration of these regulations by the Plan Commission.
ADVISORY PLAN COMMISSION. A plan commission serving a single local government jurisdiction established as defined under I.C. 36-7-4-200 as amended.
APPLICANT. The owner(s), legal and equitable, of land within the territorial limits of the town, who submit an application for plat approval under the provisions of this chapter.
BOND. Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Plan Commission. All bonds shall be approved by the Commission wherever a bond is required by these regulations.
BUILDING. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.
BUILDING INSPECTOR. For any purpose of this chapter, the Building Inspector shall be synonymous with the term Administrator, and shall refer to that person delegated the primary responsibility of accepting applications for petitions on behalf of the Plan Commission for subdivision of any parcel of land within the jurisdictional area of the Commission.
BUILDING SETBACK LINE. The line, established by this chapter, beyond which a building shall not extend unless varied according to the procedures in this chapter. Also called a building line. Setback lines may be applicable to the front, side, and/or rear yard.
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 such of 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 council with regard to a specific aspect of community development or required by law to give its assent before subdivision may take place.
COLLECTOR STREET. A street designed, planned and intended to carry vehicular traffic to and from the town to the major arterial road system of Johnson County. Access to collector roads from adjacent properties should by carefully controlled and parking should be prohibited except where additional and adequate widths are provided.
COMMISSION. The Plan Commission of the town.
COMPREHENSIVE PLAN. The applicable comprehensive plan for the town, or segment thereof, adopted by the Plan Commission and indicating general locations recommended for public improvements and land use.
CONSTRUCTION PLAN(S). The maps of drawing accompanying a subdivision plat and showing the specific location and design of improvement to be installed for the subdivision in accordance with the requirements of this chapter as a condition of the approval of the plat.
COVENANT. A private legal restriction on the use of land contained in the deed to the property. Normally applied to all lots in any subdivision.
CUL-DE-SAC. A street open to vehicular traffic from a thoroughfare, collector street or local street permanently terminated by a vehicular turnaround for the safe and convenient reversal of traffic movement including public safety vehicles.
DEAD-END STREET. A street or a portion of a street with only one vehicular traffic outlet.
DESIGNATED OFFICIALS. Those officials of the Plan Commission designated in the subdivision ordinance as required signatories, for the execution of secondary approval.
DEVELOPER. The owner of land proposed to be subdivided or his representative. Consent for making applications for development approval shall be required from the legal owner of the premises.
DEVELOPMENT DENSITY. Number of dwelling units per gross acre.
DRAIN. Open ditch, tile or pipe or combination thereof.
DRIVES, PRIVATE. Vehicular streets and driveways which are wholly within private property except where they intersect with other streets within public right-of-ways.
EASEMENT. An authorization or grant by a property owner to a specific person or to the public to use land for a specific purpose. The title to the land shall remain in the name of the property owner and shall be subject to the right of use designated in the easement.
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.
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 Federal Insurance Administration or maps provided to the Commission from the State Natural Resources Commission.
FLOOD PLAIN. The area adjoining the river or stream which has been or may hereafter be covered by flood water from the regulatory flood.
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.
FLOODWAY. See “Regulatory Floodway.”
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.
FRONTAGE. All the property on one side of a street between two intersecting streets, measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.
GOVERNING BODY. The body of the relevant local government having the power to adopt ordinances.
GRADE. The slope of a street, or other public way, specified in percentage terms.
IMPROVEMENT LOCATION PERMIT. A certificate issued by the Building Inspector permitting a person to erect, construct, enlarge, alter, repair, move, improve, remove convert, or demolish any building or structure within the locality, or cause the same to be done.
IMPROVEMENTS. See “Lot Improvements” or “Public Improvements.”
INDIANA CODE. The Burns Indiana Statutes Code Edition which codifies all Indiana statutes for reference purpose. 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 Johnson County 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.
LOCAL ACCESS STREET. A street intended to provide access to other streets from individual properties and to provide right-of-way for sewer, water, and storm drainage pipes.
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 two streets, the interior angle of such intersection not exceeding 135 degrees.
LOT IMPROVEMENT. Any building, structure, place, 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 such betterment. Certain lot improvements shall be properly bonded as provided in these regulations.
MAJOR SUBDIVISION. Any subdivision not classified as a minor subdivision, including but not limited to, subdivisions of four 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.
MARKER. A stake, pipe, rod, nail, or any other object which is not intended to be a permanent point for record purposes.
MINOR SUBDIVISIONS. Any subdivision containing not more than three lots fronting on an existing street which is an improved right-of-way maintained by the town, 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 or adjoining property, and not in conflict with any provision or portion of the comprehensive plan, official map, zoning ordinance, or this chapter.
MODEL HOME. A dwelling unit used initially for display purposes which typifies the kind of units that will be constructed in the subdivision. Such dwelling units may be erected, at the discretion of the Commission, by permitting a portion of a major subdivision involving no more than two 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.
NON-RESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these regulations and the zoning ordinance.
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 town 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 additions thereto adopted by the town or additions thereto adopted by the town or additions thereto resulting from the approval of subdivision plats by the Commission and the subsequent filing of such 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. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.
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.
PERSON. Includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other legal entity.
PLAN COMMISSION. The town advisory plan commission established in accordance with I.C. 36-7-4-200 referred to herein simply as the Commission.
PLAT. A map indicating the subdivision or re-subdivision of and filed or intended 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 the Ordinance (per I.C. 36-7-4-700 series: Subdivision Control).
PRINCIPAL USE BUILDING. A building in which the principal use of the lot or parcel is conducted. Standards recognized by the Indiana Fire Prevention and Building Safety Commission shall be used to determine whether a given structure constitutes one or more buildings in cases where ambiguities exist.
PUBLIC AGENCY. An agency or governmental 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, 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 such improvements shall be properly bonded.)
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 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 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.
RE-SUBDIVISION. A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line; 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, water main, sanitary or storm sewer main, 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 such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to the public use by the subdivider on whose plat such right-of-way is established.
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, of 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 corporations, firms, partnerships, entities, or unincorporated associations, in which a stockholder, partner, or associate, or a member of his or her family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.
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 substantially completed which, if approved and signed by the designated officials may be submitted to the County Recorder for filing.
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 town's zoning ordinance.
SKETCH PLAN. An informal, informational drawing, as described in this chapter, preparatory to the drawing of the preliminary plat (or final plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Commission as to the form of the plat and conformance to the objectives of this chapter.
SOIL SURVEY, GENERAL. A highly detailed analysis of soil characteristics (e.g. texture, structure, acidity or alkalinity, permeability, moisture capacity) and identification of kinds of soil as described and named in the detailed soil maps of the National Cooperative Soil Survey.
STATE ACTS. Such legislative acts of the State of Indiana as they affect these regulations.
STATE PLANE COORDINATES SYSTEM. A system of plan coordinates, based on the Transverse Mercator Projection or the Western Zone of Indiana, established by the United States Coast and Geodetic Survey for the State of Indiana.
STREET RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the center line of the street.
STREETS, CLASSIFICATION. For the purpose of providing for the development of the streets, highways, and rights-of-way in the governmental unit, and for their future improvement, 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 town and classified therein. The classification of each street, highway, and right-of-way is based upon its location in the respective zoning volume and its relative importance and function as specified in the town's 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.
STRUCTURE. Anything constructed or erected that requires location on or in the ground.
SUBDIVIDER. Any person who, having proprietary interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who, directly or indirectly sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease or development, any interest, lot parcel site, unit, or plat in a subdivision; or who, 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 who is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.
(1) 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, either on the installment plan or upon any and all other plans, terms, and conditions, including re-subdivision. Subdivision includes the division of land zoned for residential and non-residential uses, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument.
(2) The following kinds of divisions of existing parcels of land are herein called “Exempt Divisions” and are exempt from most provisions of this chapter:
(a) A division of land into two or more tracts all of which are at least ten acres in size;
(b) A division of land for the sale or exchange of 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;
(c) A division of land pursuant to an allocation off land in the settlement of a decedent's estate or a court decree for the distribution of property;
(d) A division of land for the acquisition of street right-of-way, or easement;
(e) A division of land for the sale or exchange of tracts between adjoining land owners, provided that no additional building sites other than for accessory buildings are created by the division; and
(f) A division of land into cemetery plots for the purpose of the burial of corpses.
(3) Exempt divisions are subject only to the provisions of §§ 153.024 and 153.094 of this chapter but shall be exempt from other provisions of this chapter not specified or referred to in those sections.
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 a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services.
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.
THOROUGHFARE PLAN. The applicable segment of the comprehensive plan for the town, adopted by the Town Council, which sets forth the location, alignment, dimensions, identification and classification of collector roads and local access roads as a plan for the development, redevelopment, improvement, and extension and revision thereof.
TOWN COUNCIL. The Town Council of Prince's Lakes, Indiana.
USED or OCCUPIED. Include the words “intended, arranged, or designed to be used or occupied.”
ZONING ORDINANCE. That town ordinance setting forth the regulations controlling the use of land in the incorporated area of the town and adjoining two mile fringe. (Codified as Chapter 153 of this code.)
(Ord. 174, Art. II, passed 6-11-90)
