153.02 Definitions
153.02 DEFINITIONS
(a) Usage
(1) Unless the context clearly indicates to the contrary, words used in the present tense include the future tense. Words used in the plural number include the singular. The word “herein” means “in this Ordinance”.
(2) A person includes a corporation, a partnership and an incorporated association of persons which is a club. The word “shall” is always mandatory. A building or structure includes any part thereof. Used or occupied as applied to any land or building shall be construed to include the words, “intended, arranged or designed to be used or occupied”.
(b) “ALLEY” - A public right-of-way, twenty (20) feet or less in width, primarily designed to serve as a secondary access to the side or rear of those properties whose principle frontage is a street.
(c) “APPLICANT” - The owner of record of land proposed to be subdivided, or his representative. Consent to subdivide shall be required from the owner of record of the land.
(d) “BLOCK” - A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shore lines of waterways, or boundary lines of municipalities.
(e) “BOND” - Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit which, when forfeited, will be used to complete all public improvements.
(f) “BUILDING SETBACK LINE” - A line on a plat between which line and street right-of-way line buildings may not be erected.
(g) “CITY ENGINEER” - The City Engineer of the City of Richmond, Indiana.
(h) “COLLECTOR STREETS” - A street intended to move traffic from minor street to secondary thoroughfares. A collector street serves a neighborhood or a large subdivision.
(i) “COMMON COUNCIL” - The Common Council of the City of Richmond, Indiana.
(j) “CONSTRUCTION PLAN” - The maps or drawings accompanying a subdivision plat and showing the specific location, design and estimated cost of the improvements to be installed in the subdivision in accordance with the requirements of the Plan Commission or Plat Committee as a condition of the approval of the plat.
(k) “COUNTYENGINEER” - The Wayne County Highway Engineer.
(l) “CUL-DE-SAC” - A minor street with only one outlet and having an appropriate terminal for the safe, convenient reversal of traffic movement.
(m) “DEVELOPER” - The owner of record of land proposed to be subdivided or his representative. Consent to subdivide shall be required from the owner of record of the land.
(n) “EASEMENT” - Authorization by a property owner for the use by another and for a specified purpose of any designated part of his property.
(o) “EXECUTIVE SECRETARY” - The Executive Secretary of the Plan Commission shall be the Plan Director of the City of Richmond, Indiana.
(p) “FLOOD OR FLOODWATER” - The water of any lake or watercourse which is above the banks and/or outside the channel and banks of such watercourse. (Definition from Indiana Department of Natural Resources)
(q) “FLOOD HAZARD AREA” - Any Floodway, Floodway Fringe, or Flood Plain District or any combination thereof. (Definition from Indiana Department of Natural Resources.)
(r) “FRONTAGE” - The side of a lot abutting on a street and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side of a corner lot.
(s) “HEALTH OFFICER” - The Wayne County Health Officer or his designated representative.
(t) “HIGHWAY, LIMITED ACCESS” - A freeway or expressway providing a trafficway for through traffic in respect to which owners or occupants of abutting property or lands and other persons have no legal right for access to or from same except at such points and in such manner as may be governed by public authority having jurisdiction over such trafficway.
(u) “INDIVIDUAL SEWAGE DISPOSAL SYSTEM” - A septic tank, seepage tile sewage disposal system or any other sewage treatment device approved by the Wayne County Health Department.
(v) “INTERESTED PARTIES” - The owners of land, as shown in the Wayne County Auditor’s Transfer Books, either abutting the land proposed to be subdivided or located immediately adjacent across a public right-of-way from the land proposed to be subdivided.
(w) “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, for building development or improvement.
(x) “LOT, CORNER” - A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees at the point of intersection of the street lines being the “corner”.
(y) “MASTER PLAN” - The Public Improvement Plan of the City of Richmond, Indiana, being Chapter 155 of the Richmond Code.
(z) “MINOR STREET” - A street which is used exclusively or principally for access to abutting properties.
(aa) “NATURAL RESOURCES” - The Indiana Natural Resources Commission.
(bb) “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 this Ordinance.
(cc) “OWNER” - Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity being the owner of record of the land sought to be subdivided under this Ordinance.
(dd) “PARKWAYS” - Parkways are those streets so designated in the thoroughfare plan of the City of Richmond, Indiana.
(ee) “PLAN COMMISSION” - The RichmondCity Plan Commission.
(ff) “PLAT COMMITTEE” - The committee appointed by the Plan Commission to hold hearings on and approve plats and re-plats of subdivisions on behalf of the Plan Commission.
(gg) “PRIMARY THOROUGHFARE” - A road intended to move through traffic to and from such major attractors as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas and similar traffic generators within the city, and/or as a route for traffic between communities or large areas.
(hh) “PUBLIC DEVELOPMENT PLAN” - Chapter 155 of the Richmond Code, being the Comprehensive Plan for the development of public facilities within the City of Richmond, Indiana, and its environs, adopted pursuant to the laws of the State of Indiana, and including any part of said plan adopted separately and any amendments to said plan.
(ii) “PUBLIC IMPROVEMENT” - Any drainage ditch, roadway, sewer, 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 such improvements shall be properly bonded.
(jj) “REGULATORY FLOOD” - That flood having a peak discharge which can be expected to be equalled or exceeded on the average of once in a one-hundred year period, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission. This flood is equivalent to a flood having a probability of occurrence of one percent (1%) in any given year. (Definition from Indiana Department of Natural Resources)
(kk) “REPLAT” - A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map, or area dedicated thereon for public use or any lot line or if it affects any map or plan legally recorded prior to the adoption of any ordinance controlling subdivisions.
(ll) “RIGHT-OF-WAY” - A strip of land occupied or intended to be occupied by a street, crosswalk, road, shade trees or for other special purpose. The useage 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.
(mm) “ROAD” - An improved street.
(nn) “ROAD, DEAD-END” - A road or a portion of a street with only one vehicular traffic outlet.
(oo) “SECONDARY THOROUGHFARE” - A road intended to collect and distribute traffic in a manner similar to primary thoroughfares except that these roads service minor traffic generating areas such as community commercial areas, primary and secondary educational plants, hospitals, major recreational areas, churches and offices and are designed to carry traffic from collector streets to a system of primary thoroughfares.
(pp) “SETBACK” - The distance between a building and right-of-way line nearest thereto.
(qq) “STREET” - A public right-of-way fifty (50) feet or more in width or any such right-of-way less than fifty (50) feet in width provided it existed prior to the adoption of this ordinance which has been improved and accepted by the responsible local government unit for maintenance and which provides a public means of access to abutting property.
(rr) “STRUCTURE” - Anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
(ss) “SUBDIVISION” - The division for other than agricultural uses of any parcel of land shown as a unit on the last record of transfer, or three (3) years following any subsequent transfer after January 1, 1983, into more than four (4) parcels, for the purpose, whether immediate or future, of transfer of ownership; provided, however, that any transfer between adjoining owners that does not create any additional building site shall not be considered a subdivision. Any lot requiring easements for the extension and maintenance for any new public streets or sewers, or storm drainage, shall be considered a subdivision.
(tt) “SUBDIVISION PLAT” - The final map or drawing described in this Ordinance on which the subdivider’s plan of subdivision is presented to the Plan Commission or Plat Committee for approval and which, if approved, may be submitted to the CountyRecorder and CountyAuditor for filing.
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