Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.020 Authority -- purpose.
16.04.040 Enforcements--Violations.
16.04.050 Planned unit development.
16.04.010 Definitions.
Unless otherwise expressly stated, the following words shall, for the purpose of this title have the meaning herein indicated. Any pertinent word or term not a part of this listing but vital to the interpretation of this title shall be construed to have its usual legal meaning. Words used in the present tense include the future, the singular includes the plural and plural the singular. The word “lot” includes the word “plat.” The word “used” includes “designed” or “intended” to be used. The word “shall” is a mandatory requirement, the word “may” is a permissive requirement and the word “should” is a preferred requirement.
“Abutting property owners” means the official owners of record, whose property is contiguous to the subject property; any property which would touch at any point the subject property ignoring all rights-of-way, easements, alleys, and the like.
“Access” means the way over which traffic moves to or from the property abutting a street or alley and the way over which traffic moves to or from an arterial street to a collector street or from a street to an alley.
“Alley” means a permanent public service right-of-way as secondary access to the side or rear of those properties when principal frontage is on some other right-of-way and is not intended for general traffic.
“Area” means the total area within the lot lines.
“Area plan commission” means the Evansville-Vanderburgh County area plan commission.
“Basic improvements” means all storm sewers, sanitary sewers, water lines, streets, curbs, gutters, sidewalks, alternative walkways permitted in lieu of or in combination with sidewalks, and any stormwater drainage facilities including, but not limited to, retention/detention facilities or other facilities of which the County or other appropriate local entity would normally accept the maintenance and operational responsibility.
“Block” means a tract of land bounded on all sides by streets or a combination of streets and public parks, cemeteries, railroad right-of-way, etc., or a combination thereof, whether partially or wholly occupied by buildings or containing only vacant lots.
“Bond” means any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the area plan commission or appropriate delegate.
“Building” means a structure having a roof supported by columns or walls, used or intended to be used, for the shelter or enclosure of persons, animals, or property.
“Building setback lines” means the lines indicating the minimum horizontal distance between the right-of-way of any street and the foundations of any building nearest the right-of-way of any street.
“Commission” means the area plan commission of Evansville and Vanderburgh County.
“Comprehensive plan” means the complete plan or any of its parts for the development of the city and/or county, prepared by the area plan commission and adopted in accordance with IC 36-7-4-101, et seq.
“Cul-de-sac” means a local street with only one outlet having an appropriate terminal for the safe and convenient reversal of traffic movement.
“Easement” means an authorization or grant by a property owner to specific persons or to the public to use land for specific purposes.
“Executive director” means the executive director of area plan commission of Evansville and Vanderburgh County.
“Flood hazard area” means any floodplain, floodway, floodway fringe district, or combination thereof.
“Floodplain” means the relatively flat area or low land adjoining the channel of a river or stream which has been or may be covered by flood water. The floodplain includes the channel, floodway, and floodway fringe.
“Improvements” means all storm sewers, sanitary sewers, water lines, water supply lines, gas lines, electrical lines, telephone lines, streets, curbs, gutters, sidewalks, alternative walkways permitted in lieu of or in combination with sidewalks, and any stormwater drainage facilities including, but not limited to, retention/detention facilities.
“Interested parties” means those parties who are the owners of properties adjoining or abutting the proposed subdivision as shown on the plat.
“Legal drain” means an open ditch or a tiled ditch, or a combination of the two, which are subject to the jurisdiction and control of the Vanderburgh County drainage board.
“Legislative body” means the board of county commission of Vanderburgh County.
“Location map” means a small inset map showing the location of a tract of land in relation to a larger area.
“Lot” means the tract of land within a subdivision marked by the subdivider on the plat as a numbered, lettered, or other identified tract of land to be offered for sale, dedication, or development, which is an identifiable parcel of land having frontage on a public street, or right-of-way, or acceptable easements.
1. “Corner lot” means a lot located at the intersection of two or more streets, the interior angle of such intersections not exceeding 135 degrees.
2. “Double frontage lot” means a lot other than a corner lot with frontage on more than one street or through lots abutting two streets.
3. “Interior lot” means a lot with only one frontage on a street.
“Parcelization” means a division of land into lots two or more in number, each lot with area greater than two and one-half (2.50) acres, and not involving any new street or other means of access.
“Planned unit development” or “PUD” means a subdivision designed for residential, commercial, or industrial use or a combination of all or any of the above for the purpose of selling or leasing individual lots.
“Plat” means a map, drawing, or chart upon which the subdivider’s plan of the subdivision is presented and which he submits for approval and intends to record in the final form.
“Primary approval” means approval (or approval with conditions imposed) granted to a subdivision by the area plan commission after having determined in a public hearing that the subdivision complies with this title.
“Primary checklist” means a document provided by the area plan commission staff which is necessary for the application for primary approval.
“Regulatory flood” means the flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a one hundred (100) year period. This flood is equivalent to a flood having a probability of occurrence of one percent in any given year.
“Replat” means a change in a recorded subdivision plat if such change affects any street layout on such plat, or area reserved thereon for public use, or any lot line, except as otherwise exempted in this title.
“Right-of-way” means 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” means approval insuring that the plat reflects all terms, conditions, and commitments given by the subdivider or required by the area plan commission at the hearing for primary approval.
“Secondary checklist” means a document provided by the area plan commission staff which is necessary for application for secondary approval.
“Street” means a thoroughfare within the right-of-way which affords the principal means of access to abutting property. A street may be designated an avenue, boulevard, drive, highway, land, parkway, place, road, court, or appropriate name. Streets are identified according to type of use, as follows:
1. “Arterial street” means a street which serves the major movement of traffic within or through a metropolitan area.
2. “Collector street” means a street serving internal traffic movement and provided access to arterial streets.
3. “Controlled access street” means a road fully or partially controlled by public authority.
a. “Fully controlled” means a street where preference to through traffic is given by providing access connections with selected public roads only and by prohibiting crossings at grade.
b. “Partially controlled” means a street where preference to through traffic is given, in addition to providing access connections with some crossings at grade.
4. “Half street” means a part of a street which is approximately equal to the remainder.
5. “Local street” means a street whose primary function is to provide access to immediately adjacent lands. It generally serves the residential and minor commercial areas of the community.
6. “Partial street” means a street which is, or will become, a part of a whole or complete street.
7. “Private street” means a local street that is not dedicated or accepted for public use or maintenance, which provides vehicle and pedestrian access.
8. “Public street” means a street dedicated, owned, and maintained by a public entity for the purpose of vehicle and pedestrian access.
a. “Acceleration lane” means an auxiliary lane constructed as part of the driveway which enables egressing vehicles to increase speed prior to entering the through traffic stream.
b. “Deceleration lane” means an auxiliary lane constructed as part of the driveway which is used by ingressing vehicles to reduce speed prior to entering a site. The lane may also provide some deceleration vehicle storage.
c. “Frontage road” means a through road auxiliary to and located adjacent to a public road for service to abutting property.
d. “Passing blister” means an auxiliary lane constructed opposite of the driveway which enables through traffic to maneuver around vehicles turning left into a site.
“Subdivider” means the person or persons who own all or any part of the real estate included within the plat at the time of the secondary approval of said plat.
“Subdivision” means any land vacant or improved which is divided or proposed to be divided into two or more lots, parcels, sites, units, plats, or interest for the purpose of offer, sale, lease, or development. “Subdivision” includes the division or development of residentially and nonresidentially zoned land, whether by deed, metes and bounds description, or other recorded instruments.
1. “Major subdivision” means all subdivisions not classified as minor subdivisions 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 public improvements.
2. “Minor subdivision” means any subdivision containing not more than two lots fronting on, or having access to, an existing street, not including creating any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel for adjoining property, and not in conflict with any provision or portion of the comprehensive plan, thoroughfare plan, zoning ordinance, or these regulations.
3. “Nonresidential subdivision” means a subdivision in which the intended use is other than residential, such as commercial or industrial.
“Subdivision Review Committee” means a Technical Review Committee established by the Area Plan Commission which may be appointed by the Area Plan Commission to assist with the technical evaluation of subdivisions, to make recommendations to the Area Plan Commission, and, where authorized under this Title, to grant primary approval, with or without amendments or conditions, to minor subdivision applications and requests for waiver or modification of sidewalk requirements. It is sometimes referred to in this Title as the “Technical Review Committee” and is the same as the “plat committee” authorized under IC 36-7-4-701(e).
“Thoroughfare plan” means a plan and maps established by the board of county commissioners of Vanderburgh County pursuant to law as a portion of the Comprehensive Plan, showing the location of streets and roads, functionally classified public facilities, utilities, and describing future infrastructure. The plan is approved, adopted, and established by law, and any amendments or additions including those resulting from filing and approval of subdivision plats, are adopted by the board of county commissioners of Vanderburgh County as a continuous updating of the plan.
(Ord. 05-19-007 § 1, amended, 9/24/2019; Ord. 10-15-011 § 1, amended 10-20-2015; Ord. 01-15-001 § 1, amended 2-3-2015; prior code § 151.01)
16.04.020 Authority -- purpose.
A. This title is enacted pursuant to the authority given under IC 36-7-4-700, et seq. as added by Acts 1981, P.L. 309, 23; 1982, P.L. 211, 4., by action of the board of county commissioners of Vanderburgh County.
B. The purpose and intent of these regulations is to serve as a guideline encouraging the proper planning and development of subdivisions in order to:
1. Protect and provide for the public health, safety, and general welfare of Vanderburgh County;
2. Guide the future growth and development of Vanderburgh County in accordance with the comprehensive plan;
3. Provide for adequate light, air, and privacy, secure safety from fire, flood, and other danger and to prevent overcrowding of land and undue congestion of population;
4. Protect and conserve the value of land throughout Vanderburgh County and the value of buildings and improvements upon the land and to minimize the conflicts among the uses of land and buildings;
5. Guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, and other public requirements and facilities;
6. Establish reasonable standards of design and procedures for subdivisions, in order to further the orderly layout and use of land, and to insure proper legal descriptions and monumenting of subdivided land;
7. Encourage the extension of public facilities to adequately serve the proposed subdivision;
8. Prevent the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard the water tables; and to encourage the wise use and management of natural resources throughout Vanderburgh County to preserve the quality of life, integrity, stability, and beauty of the community and the value of the land.
(Prior code § 151.02)
16.04.030 Policy.
It is the policy of the county to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the area plan commission for the orderly, planned, efficient, and economical development of the county, and to require conformance with Title 17 of this code. (Prior code § 151.03)
16.04.040 Enforcements--Violations.
A. No owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a plat of such subdivision has been approved by the area plan commission, in accordance with the provisions of these regulations, and filed with the county recorder.
B. The division of any lot or any parcel of land into a subdivision, as defined in this title, by the use of metes and bounds description for the purpose of sale, or transfer, or lease resulting in the creation of one or more new building sites shall not be permitted, except as permitted hereunder. All such described divisions shall be subject to all of the appropriate requirements of this title.
C. Except as otherwise provided in Title 17 of this Code, no zoning use permit shall be issued for any property subject to the provisions of this title until the appropriate requirements are met and the approvals required by this title are granted.
(Ord. 05-19-008 § 1, amended, 12/10/2019; prior code § 151.05)
16.04.050 Planned unit development.
This title also applies to the subdivision of a PUD. However, the design and development of a PUD may deviate from the standards prescribed in this title. A primary subdivision plat may be submitted to area plan commission at the time of submission for PUD petition. Primary approval may be granted subject to proper zoning. (Prior code § 151.29)
16.04.060 Violation--Penalty.
A. Any person who violates the provisions of this title or any regulations herein contained for which no other penalty is provided, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than ten dollars ($10.00) and not more than three hundred dollars ($300.00) for each day’s violation.
B. Any person who violates any provision of Section 16.12.080 shall be subject to a civil penalty of not less than ten dollars ($10.00) nor more than two thousand five hundred dollars ($2,500.00) for each violation. Each day a violation exists shall be considered a separate violation, and a court may assess a monetary civil penalty for each day the violation exists. (Prior code § 151.99)