TITLE XV: LAND USAGE


                                 Chapter

 

                                                150.     PROPERTY MAINTENANCE

 

                                                151.     FLOOD PROTECTION

 

                                                152.     SUBDIVISIONS

 

                                                153.     ZONING CODE





















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Jackson County - Land Usage



 


CHAPTER 150: PROPERTY MAINTENANCE


Section


General Provisions

 

      150.01   Title

      150.02   Purpose

      150.03   Interpretation

      150.04   Abrogation and greater restrictions

      150.05   Definitions


Maintenance Standards

 

      150.15   General

      150.16   Maintenance of premises

      150.17   Building maintenance

      150.18   Refuse and inoperable vehicles

      150.19   Residing and reconstruction

      150.20   Exception for farms and existing estates


Violations

 

      150.35   Enforcement

      150.36   Notice

      150.37   Appeal

      150.38   Abatement remedies and penalties

      150.39   Emergency abatement procedure


Appeals

 

      150.50   Authority

      150.51   Procedure

      150.52   Decision of the Board





GENERAL PROVISIONS



§ 150.01 TITLE.


      This chapter may be referred to as the “Property Maintenance Code” and is herein referred to as “this code”.

(Ord. 2009-23, passed 10-20-2009)



§ 150.02 PURPOSE.


      The purpose of this code is to protect the public health, safety and welfare, esthetics and property values, by establishing minimum standards for maintenance, appearance, condition and occupancy, and for essential utilities, facilities and other physical components and conditions to make residential premises fit for human habitation, and to make nonresidential premises fit for use according to the purpose for which they were developed; by fixing certain responsibilities and duties upon the owners and managers, and distinct and separate responsibilities and duties upon the occupants; by authorizing and establishing procedures for inspection of premises, and enforcement of this code; establishing penalties for violations; and providing for proper repair, demolition or vacation of premises which do not comply with this code.

(Ord. 2009-23, passed 10-20-2009)



§ 150.03 INTERPRETATION.


      The provisions of this code shall be interpreted and applied as minimum requirements, and shall not be deemed a limitation or repeal of any other power




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granted by the Indiana Code. Nothing in this code shall be construed to abrogate the federal or state Constitutions, nor to grant powers to the county that are otherwise reserved by and for federal and state government.

(Ord. 2009-23, passed 10-20-2009)



§ 150.04 ABROGATION AND GREATER RESTRICTIONS.


      It is not the intent of this code to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law. Where two or more provisions apply, the higher standard shall prevail.

(Ord. 2009-23, passed 10-20-2009)



§ 150.05 DEFINITIONS.


      Words used in this code shall have the same meaning as that defined by the Zoning Ordinance, as set forth in Chapter 153, unless otherwise defined by this code.


      ABANDONED BUILDING. Any building or portion of a building under construction, which has stood with an incomplete exterior shell for more than one year, or any completed building or portion thereof which has stood unoccupied for longer than six months, and which is unsecured or has housing code or Building Code violations.


      BOARD OF APPEALS. The Board of Commissioners is established and appointed by the county to hear appeals, referred to herein as “the Board”.


      DETERIORATION. A state of conditions caused by a lack of maintenance or excessive use, characterized by holes, breaks, rot, crumbling, peeling paint, rusting, or other evidence of physical decay or neglect.



      ENFORCEMENT OFFICER. The County Building Commissioner, or his or her designee, is designated as the ENFORCEMENT OFFICER.


      EXPOSED TO PUBLIC VIEW. Any premises or any part thereof, which may be lawfully viewed by the public or from adjoining premises.


      EXTERIOR. Yards and other open outdoor spaces on premises, and the external surfaces of any structure.


      EXTERMINATION. The control and elimination of insects, rodents and vermin.


      FARM. A tract of land having an area of three or more acres devoted to raising of crops or domestic livestock.


      INFESTATION. The presence of insects, rodents, vermin or other pests on the premises to the extent that they constitute a health hazard, are deemed by an Enforcement Officer to be in threat of spreading to adjoining premises, or are exposed to public view.


      JUNK. Any discarded or salvaged material or fixture; obsolete or inoperable machinery or vehicle, or parts thereof; or scrap metal.


      NUISANCE. Physical conditions that are dangerous or detrimental to the health or safety of persons on or near the premises where the conditions exist, or anything that is injurious to the senses or interferes with the comfortable enjoyment of life or property.


      OWNER. Any person who, alone, jointly or severally with others, holds legal or equitable title to any premises, with or without accompanying actual possession thereof.


      PREMISES. A lot, plot or parcel of land together with the structures thereon.


      PUBLIC AUTHORITY. Any officer of any department or branch of the county or state charged with regulating health, fire, zoning or building


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regulations, or other activities concerning property in the county.


      REFUSE. Any material that has lost its value for the original purpose for which it was created or manufactured, or for its redesigned use, whether putrescible or non-putrescible, combustible or non-combustible, which is not securely stored in a building or legal outdoor storage yard for prompt disposal or resale, including but not limited to junk; paper or cardboard; plastic; metals; glass; yard clippings, leaves, woody vegetative trimmings, and other plant wastes which have not been properly composted; vegetable or animal waste resulting from the handling, processing, storage, preparation, serving or consumption of food; crockery; bedding, furniture or appliances; offal; rubbish; ashes or incinerator residue; construction debris; accumulation of animal feces; dead animals; or wastes from commercial or industrial processes.


      RESPONSIBLE PARTY. Any person having possession, charge, care or control of real or personal property, whether with or without the knowledge and consent of the owner, including without limitation any one or more of the following: owner, agent, properly manager, contract purchaser, mortgagee or vendee in possession, receiver, executor, trustee, lessee or tenant, or any other person, firm or corporation exercising apparent control over a property.


      VEHICLE. Any device designed to transport a person or property by land, air or water, such as automobiles, trucks, trailers, motorcycles, tractors, buggies, wagons, boats, airplanes or any combination thereof, except bicycles.


      VEHICLE, INOPERABLE. Any vehicle that is not licensed for the current year as required by law or which exhibits any of the following characteristics: cannot legally travel on a public street due to broken, damaged or missing windshield or other glass customary to the vehicle, fender, door, bumper, hood, wheel, steering wheel or exhaust system; lacking an engine or other means of power suitable to the design, one or more wheels, or other structural parts which renders the vehicle incapable of both forward and


reverse movement in the manner for which it was designed; has become a habitat for rats, mice, snakes, or any other vermin or insects; or constitutes a threat to the public health and safety because of its defective or obsolete condition.

(Ord. 2009-23, passed 10-20-2009)




MAINTENANCE STANDARDS



§ 150.15 GENERAL.


      The exterior of every premises and structure shall be maintained in good repair, to the end that the premises and each structure thereon will be preserved; adjoining properties protected from blighting influences; and safety and fire hazards eliminated.

(Ord. 2009-23, passed 10-20-2009)



§ 150.16 MAINTENANCE OF PREMISES.


      Each and every premises shall be kept free of all nuisances, health, safety and fire hazards, unsanitary conditions and infestation. It shall be the duty of the responsible party to keep the premises free of all these conditions and to promptly remove and abate same, which include but are not limited to the following declared nuisances:


      (A)  Weeds or grasses allowed to grow to a height greater than 12 inches on the average, or any accumulation of dead weeds or grass that are exposed to public view, on any non-farm property which is within the jurisdiction of the Enforcement Officer. This provision shall not apply to prairies, wetlands or similar areas of naturalized perennial vegetation which are certified by an Enforcement Officer to not constitute a nuisance;


      (B)  Accumulation of refuse to the prejudice of others;


      (C)  Any structure which is in such a dilapidated condition that it is unfit for human habitation or the


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use for which it was constructed; kept in such an unsanitary condition that it is a menace to the health of people residing therein or in the vicinity thereof; any structure defined as a dangerous building by the most-current edition of the Uniform Code for the Abatement of Dangerous Buildings, as published by the International Conference of Building Officials; or any building that is defined as abandoned or a public nuisance by Indiana Code;


      (D) Any inoperable vehicle which is exposed to public view, unless located on the premises of a lawfully operated junk yard or undergoing repairs in an expeditious manner at a vehicle repair business;


      (E)  Mud, dirt, gravel or other debris or matter, whether organic or inorganic, deposited upon public property in a quantity judged by an Enforcement Officer to be a threat to public safety or to cause pollution, obstruction or siltation of drainage systems, or to violate solid waste disposal regulations;


      (F)  Failure to establish a permanent cover of perennial grasses or ornamental ground cover on any non-farm property as soon as practical after any construction, and to thereafter maintain same in such condition as to substantially bind the surface of the soil and prevent erosion, whether by sheet or gullying, or by wind or water. Exceptions shall be permitted for densely shaded areas, landscape beds and gardens, provided that vegetable gardens and agricultural crops shall not be placed in the front yard of a non-farm property, unless it can be demonstrated that no other viable location exists on the premises because of topography, natural vegetation or similar circumstances out of the resident’s control;


      (G)  Any nuisance as defined herein or described as such by the Indiana Code;


      (H) Any alteration, modification or obstruction which prevents, obstructs or impedes the normal flow of runoff from adjacent lands, or any alteration or modification which substantially concentrates or increases the flow of water onto an adjoining premises to the extent of damaging or saturating the premises;



      (I)   Conditions which are conducive to the harborage or breeding of vermin;


      (J)   Facilities for the storage or processing of sewage, such as privies, vaults, sewers, private drains, septic tanks, cesspools and drain fields, which have failed or do not function properly, as may be evidenced by overflow, leakage, seepage or emanation of odors, or which do not comply with the Jackson County Department of Health regulations, as applicable. Septic tanks, cisterns and cesspools which are no longer in use shall be removed, or emptied and filled with clean dirt or sand;


      (K)  Vehicles parked on the lawn or other unpaved surface in a yard exposed to public view;


      (L)  Fences or retaining walls that are not structurally sound or which are deteriorating, as may be evidenced by leaning or loose elements;


      (M) Dead or diseased trees or other woody vegetation which may lead to the spread of the disease to other specimens or pose a threat to safety or buildings; major parts thereof, such as a limb, which may be dead or broken or otherwise pose a threat to safety or buildings on adjoining premises; any vegetation located on private property which overhangs and is less than 15 feet above the traveled portion of any public street, or less than seven feet vertically, or which protrudes into any public sidewalk; and


      (N) Loose, overhanging objects or accumulations of ice or snow, which by reason of location above ground level constitute a danger of falling on persons in the vicinity thereof.

(Ord. 2009-23, passed 10-20-2009)



§ 150.17 BUILDING MAINTENANCE.


      Every building shall be maintained to be weather and watertight, and free from excessively peeling paint or other conditions suggestive of deterioration or inadequate maintenance. Exterior surfaces shall not have any holes or broken glass; loose, cracked or




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damaged shingles or siding; or other defects in the exterior finish which admit rain, cold air, dampness, rodents, insects or vermin. Basements, cellars and crawl spaces shall be free of standing water and hazards. All wood, including floorboards, subfloors, joists, bridging, roof rafters and sheathing, and all other wood in any interior or exterior floor, wall, roof or other part of the structure, shall be maintained to be free of cracks affecting structural integrity, termite damage, infestation or rot. Any and all damaged or deteriorating materials shall be replaced. If infestation exists in any basement, cellar or crawl space, the infestation shall be remedied in accordance with industry standards.

(Ord. 2009-23, passed 10-20-2009)



§ 150.18 REFUSE AND INOPERABLE VEHICLES.


      Inoperable vehicles shall be stored within a fully enclosed building or other location not exposed to public view, or shall be removed from the premises. All refuse shall be contained in suitable collection containers; kept free from infestation; and shall be removed weekly.

(Ord. 2009-23, passed 10-20-2009)



§ 150.19 RESIDING AND RECONSTRUCTION.


      Materials and practices used in reconstruction and residing shall be of standard quality and appearance commensurate with the character of other properties in the vicinity of the premises. Their appearance, as judged under prevailing appraisal practices and standards, shall not depreciate the value of adjoining premises or the neighborhood.

(Ord. 2009-23, passed 10-20-2009)



§ 150.20 EXCEPTION FOR FARMS AND EXISTING ESTATES.


      Farms, and nonfarm premises having an area of more than two acres on January 1, 2009, shall be


exempted from this code for such time that the area of the nonfarm premises exceeds two acres.

(Ord. 2009-23, passed 10-20-2009; Ord. 2013-1, passed 1-15-2013)




VIOLATIONS



§ 150.35 ENFORCEMENT.


      (A)  The creation or maintenance of a violation of this chapter is prohibited and shall constitute a misdemeanor. Each day that a violation is permitted to continue constitutes a separate offense.


      (B)  All inspections, enforcement actions, and hearings on violations, unless expressly stated to the contrary, shall be under the direction and supervision of an Enforcement Officer, who may appoint or designate other public officers or employees to perform duties as may be necessary to enforce this code, including inspections and holding of hearings. The Enforcement Officers are hereby authorized to abate these violations in accordance with the procedures of this code and to serve notice to abate same, whether upon the owner or other responsible party for a premises upon which a violation is being maintained, or upon the person or persons causing or maintaining the violation. If a violation is found to exist on an owner-occupied premises and the owners demonstrate that the cost of remedying the violation would exceed the household’s annual disposable income and thereby cause a financial hardship, enforcement shall be held in temporary abeyance until a means of financing or assistance can be identified.


      (C)  The objective of this code being the abatement of violations, persons violating this code shall be allowed a reasonable amount of time to voluntarily remedy the violation before action to assess costs or penalties for a violation of a good-faith effort to correct the violation; whether an imminent health or safety hazard exists; whether the person has previously been notified of or charged with violations of a similar nature; and other factors. Violations which are not voluntarily remedied may be abated by


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an administrative abatement process; the municipal infraction process; by court proceedings; or by county abatement and assessment of costs therefor against the responsible party, at the discretion of the county.


      (D) It is further provided by this code that if the county judges that an emergency exists which creates a dangerous and imminent health or safety hazard to persons, property or the general public which requires immediate action, the county may order any action as may be necessary to meet the emergency. Any orders issued pursuant to this division shall be effective immediately or in the time and manner prescribed in the order itself.


      (E)  The Enforcement Officer may but shall not be required to give notice to abate prior to issuance of a civil citation for a repeat offense involving the same property and occurring within one year of a prior violation and notice to abate.

(Ord. 2009-23, passed 10-20-2009)



§ 150.36 NOTICE.


      When service of a notice to abate is required, the following methods of service shall be deemed adequate:


      (A)  By personal service upon the owner or other responsible party of the property upon which the nuisance exists, or upon the person or persons causing or maintaining the violation; and


      (B)  If, after reasonable effort, personal service cannot be made, any two of the following methods of service shall be considered adequate:


             (1)  Sending the notice by certified mail, return receipt requested to the last known address;


             (2)  Publishing the notice once a week for two consecutive weeks in a newspaper of general circulation in the County of Jackson, Indiana; or


             (3)  By posting the notice in a conspicuous place on the property or building deemed as nuisance.

(Ord. 2009-23, passed 10-20-2009)


§ 150.37 APPEAL.


      Any person affected by any notice to abate a violation of this code may request a hearing on the matter before the Board of Commissioners, provided that a written appeal shall be filed with the Enforcement Officer within ten days after the notice to abate was served. The appeal shall be filed on a form provided by the county for that purpose, and shall state the particular section of this chapter or interpretation thereof being appealed, and a brief statement of the grounds upon which the appeal is taken. Failure to file a timely appeal as prescribed herein shall constitute a waiver of the right to a hearing, and the notice shall become final. The Board’s determination and order shall be appealable to a court of general jurisdiction in the County of Jackson, Indiana. The appeal shall be filed within 30 days from the date of the Board’s decision. The Board’s order shall not be carried out until the time for filing the appeal has expired.

(Ord. 2009-23, passed 10-20-2009)



§ 150.38 ABATEMENT REMEDIES AND PENALTIES.


      (A)  In the event that the violation is not abated as ordered and within the time specified, the county may abate the violation by any of the following means:


             (1)  By undertaking the abatement and assessing the costs therefor against the property; or


             (2)  By issuance of a civil citation charging the owner or responsible party with a municipal infraction.


      (B)  Abatement may include but is not limited to repair, removal, cleaning, extermination, cutting, mowing, grading, sewer repairs, draining, securing, barricading or fencing, demolition of dangerous or abandoned structures or portions thereof, and elimination of nuisances. Abatement costs may include the cost of removing or eliminating the violation; the cost of investigation, such as title searches, inspection and testing; the cost of notification; filing costs; and




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other related administrative costs. Abatement costs may be assessed against the premises in the same manner as a property tax.


      (C)  Inoperable or obsolete vehicles which have been impounded may be sold in accordance with state law. If an inoperable or obsolete vehicle is not sold or if the proceeds of the sale or redemption are not sufficient to pay the costs of abatement, storage and sale of the inoperable or obsolete vehicle, the cost or the balance of the cost may be assessed against the premises in the same manner as a property tax.


      (D) Before the assessment of any charges for work done or caused to be done by the county, the owner of the property proposed to be assessed shall be provided notice and opportunity for hearing before the County Commissioners. The notice shall set forth the amount proposed to be assessed, and include a statement of the time, place and date of hearing. The Commissioners may order any one or more of the following:


             (1)  Place a judgment against the person and/or property of defendant for the costs of abatement;


             (2)  Levy a civil penalty (fine) against the defendant of up to $100 for the first offense and up to $200 for repeat offenses;


             (3)  Order abatement of the violation in any manner; and/or


             (4)  Assess costs of abatement against the premises.

(Ord. 2009-23, passed 10-20-2009)



§ 150.39 EMERGENCY ABATEMENT PROCEDURE.


      If an Enforcement Officer determines that a violation exists and constitutes an imminent, clear and compelling danger to health, safety or welfare of persons or property, the Enforcement Officer is


authorized to abate the violation or have it abated without prior notice and opportunity for hearing. The costs of the action may be assessed against the premises. However, prior to the assessment, the county shall give a property owner notice and the opportunity for a hearing before the County Commissioners in accordance with § 150.38. An appeal shall not stay the effect of a notice or order under the emergency provisions of this article unless so ordered by the Commissioners.

(Ord. 2009-23, passed 10-20-2009)




APPEALS



§ 150.50 AUTHORITY.


      The Board of Commissioners is hereby empowered to hold hearings on appeals from the regulations of this code.

(Ord. 2009-23, passed 10-20-2009)



§ 150.51 PROCEDURE.


      Upon receipt of a timely-filed appeal, the Enforcement Officer shall set a time and place for the Board to hear the appeal and shall publish notice thereof. The hearing shall be open to the public and shall be recorded either electronically or manually. All parties shall be afforded an opportunity to respond and present evidence and argument. If the appellant fails to appear at the hearing, the Board may proceed with the hearing and make a decision in the absence of the appellant. The Board’s finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs, even if such evidence would be inadmissible in a court of law. The Board’s experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence. The presiding officer of the Board shall conduct the hearing.

(Ord. 2009-23, passed 10-20-2009)




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§ 150.52 DECISION OF THE BOARD.


      No hearing shall be valid unless a majority of the Board is present, and no appeal shall be granted unless reached by a majority of all members of the Board. The Board shall render a decision based upon the record, at the conclusion of the hearing or within a reasonable time thereafter. The Board may affirm, modify or reverse any action, interpretation, notice or order which has been issued in connection with the enforcement of this code. Following the decision of the Board, all parties shall be notified of the decision personally or by general mail service delivered to the address provided by the party. Any party to the hearing, including the county, may seek judicial review by filing a petition in a court of general jurisdiction in the county within 30 days after the issuance of the decision by the Board.

(Ord. 2009-23, passed 10-20-2009)






 


CHAPTER 151: FLOOD PROTECTION



Section

 

      151.01   Statutory authorization, findings of fact, purpose, and objectives

      151.02   Definitions

      151.03   General provisions

      151.04   Administration

      151.05   Provisions for flood hazard reduction

      151.06   Variance procedures

      151.07   Severability

      151.08   Effective date




§ 151.01 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES.


      (A)  Statutory authorization. The state legislature has in I.C. 36-7-4 and I.C. 14-28-4 granted the power to local government units to control land use within their jurisdictions. Therefore, the Board of Commissioners of the county does hereby adopt the following floodplain management regulations.


      (B)  Findings of fact.


             (1)  The flood hazard areas of the county are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.


             (2)  These flood losses are caused by the cumulative effect of obstructions in floodplains, causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses


vulnerable to floods or hazardous to other lands which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages.


      (C)  Statement of purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:


             (1)  Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights or velocities.


             (2)  Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.


             (3)  Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters.


             (4)  Control filling, grading, dredging, and other development which may increase erosion or flood damage.


             (5)  Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.


             (6)  Make federally subsidized flood insurance available for structures and their contents in the county by fulfilling the requirements of the National Flood Insurance Program.


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      (D) Objectives. The objectives of this chapter are:


             (1)  To protect human life and health.


             (2)  To minimize expenditure of public money for costly flood control projects.


             (3)  To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.


             (4)  To minimize prolonged business interruptions.


             (5)  To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges located in floodplains.


             (6)  To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas.


             (7)  To ensure that potential home buyers are notified that property is in a flood area.

(Ord. passed 7-3-2012)



§ 151.02 DEFINITIONS.


      Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.


      A ZONE. Portions of the SFHA in which the principal source of flooding is runoff from rainfall, snowmelt, or a combination of both. In A ZONES, floodwaters may move slowly or rapidly, but waves are usually not a significant threat to buildings. These areas are labeled as Zone A, Zone AE, Zones A1-A30, Zone AO, Zone AH, Zone AR, and Zone A99 on a FIRM or FHBM. The definitions are presented below:


             ZONE A. Areas subject to inundation by the one-percent annual chance flood event. Because detailed hydraulic analyses have not been performed, no base flood elevation or depths are shown. Mandatory flood insurance purchase requirements apply.


             ZONE AE and A1-A30. Areas subject to inundation by the one-percent annual chance flood event determined by detailed methods. Base flood elevations are shown within these zones. Mandatory flood insurance purchase requirements apply. (Zone AE is on new and revised maps in place of Zones A1-A30.)


             ZONE AO. Areas subject to inundation by one-percent annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Mandatory flood insurance purchase requirements apply.


             ZONE AH. Areas subject to inundation by one-percent annual chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Mandatory flood insurance purchase requirements apply.


             ZONE AR. Areas that result from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide base flood protection. Mandatory flood insurance purchase requirements apply.


             ZONE A99. Areas subject to inundation by the one-percent annual chance flood event but which will ultimately be protected upon completion of an under-construction federal flood protection system. These are areas of special flood hazard where enough progress has been made on the construction of a protection system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. Zone A99 may only be used when the flood protection



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system has reached specified statutory progress toward completion. No base flood elevations or depths are shown. Mandatory flood insurance purchase requirements apply.


      ACCESSORY STRUCTURE or APPURTENANT STRUCTURE. A structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. ACCESSORY STRUCTURES should constitute a minimal initial investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds.


      ADDITION (TO AN EXISTING STRUCTURE). Any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction.


      APPEAL A request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.


      AREA OF SHALLOW FLOODING. A designated AO or AH Zone on the community's flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.


      BASE FLOOD ELEVATION or BFE. The elevation of the one-percent annual chance flood.


      BASEMENT. That portion of a structure having its floor sub-grade (below ground level) on all sides.


      BUILDING. See STRUCTURE.


      COMMUNITY. A political entity that has the authority to adopt and enforce floodplain ordinances for the area under its jurisdiction.


      COMMUNITY RATING SYSTEM or CRS. A program developed by the Federal Insurance Administration to provide incentives for those communities in the regular program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding.


      CRITICAL FACILITY. A facility for which even a slight chance of flooding might be too great. CRITICAL FACILITIES include but are not limited to schools, nursing homes, hospitals, police, fire, and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste.


      DEVELOPMENT.


             (1)  Any man-made change to improved or unimproved real estate, including but not limited to:


                   (a)  Construction, reconstruction, or placement of a structure or any addition to a structure;


                   (b)  Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a recreational vehicle on a site for more than 180 days;


                   (c)  Installing utilities, erection of walls and fences, construction of roads, or similar projects;


                   (d)  Construction of flood control structures such as levees, dikes, dams, channel improvements, etc.;


                   (e)  Mining, dredging, filling, grading, excavation, or drilling operations;


                   (f)   Construction and/or reconstruction of bridges or culverts;


                   (g)  Storage of materials; or


                   (h)  Any other activity that might change the direction, height, or velocity of flood or surface waters.


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             (2)  DEVELOPMENT does not include activities such as the maintenance of existing structures and facilities such as painting, re-roofing, resurfacing roads, or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent structures.


      ELEVATED STRUCTURE. A non-basement structure built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, filled stem wall foundations (also called chain walls), pilings, or columns (posts and piers).


      ELEVATION CERTIFICATE. A certified statement that verifies a structure's elevation information.


      EMERGENCY PROGRAM. The first phase under which a community participates in the NFIP. It is intended to provide a first layer amount of insurance at subsidized rates on all insurable structures in that community before the effective date of the initial FIRM.


      ENCROACHMENT. The advance or infringement of uses, fill, excavation, buildings, permanent structures, or development into a floodplain, which may impede or alter the flow capacity of a floodplain.


      EXISTING CONSTRUCTION. Any structure for which the start of construction commenced before the effective date of the community's first floodplain ordinance.


      EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the community's first floodplain ordinance.


      EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).


      FEMA. The Federal Emergency Management Agency.


      FIVE-HUNDRED YEAR FLOOD or 500-YEAR FLOOD. The flood that has a 0.2 percent chance of being equaled or exceeded in any year.


      FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.


      FLOOD BOUNDARY AND FLOODWAY MAP or FBFM. An official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards and regulatory floodway.


      FLOOD HAZARD BOUNDARY MAP or FHBM. An official map of a community, issued by FEMA, where the boundaries of the areas of special flood hazard have been identified as Zone A.


      FLOOD INSURANCE RATE MAP or FIRM. An official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.


      FLOOD INSURANCE STUDY or FIS. The official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM, FBFM (where applicable), and the water surface elevation of the base flood.


      FLOOD PRONE AREA. Any land area acknowledged by a community as being susceptible to inundation by water from any source. (See FLOOD.)


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      FLOOD PROTECTION GRADE or FPG. The elevation of the regulatory flood plus two feet at any given location in the SFHA. (See FREEBOARD.)


      FLOODPLAIN. The channel proper and the areas adjoining any wetland, lake, or watercourse which have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the fringe districts.


      FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.


      FLOODPLAIN MANAGEMENT REGULATIONS. This chapter, zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood-prone areas. This term describes federal, state, or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. FLOODPLAIN MANAGEMENT REGULATIONS are also referred to as floodplain regulations, floodplain ordinance, flood damage prevention ordinance, and floodplain management requirements.


      FLOODPROOFING or DRY FLOOD-PROOFING. A method of protecting a structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy and anticipated debris impact forces.


      FLOODPROOFING CERTIFICATE. A form used to certify compliance for non-residential structures as an alternative to elevating structures to or above the FPG. This certification must be by a registered professional engineer or architect.


      FLOODWAY. The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.


      FREEBOARD. A factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood.


      FRINGE. Those portions of the floodplain lying outside the floodway.


      FUNCTIONALLY DEPENDENT FACILITY. A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales, or service facilities.


      HARDSHIP (AS RELATED TO VARIANCES OF THIS CHAPTER). The exceptional hardship that would result from a failure to grant the requested variance. The county Board of Zoning Appeals requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is NOT exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.


      HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure.


      HISTORIC STRUCTURE. Any structure individually listed on the National Register of Historic


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Places or the State Register of Historic Sites and Structures.


      INCREASED COST OF COMPLIANCE or ICC. The cost to repair a substantially damaged structure that exceeds the minimal repair cost and that is required to bring a substantially damaged structure into compliance with the local flood damage prevention ordinance. Acceptable mitigation measures are elevation, relocation, demolition, or any combination thereof. All renewal and new business flood insurance policies with effective dates on or after June 1, 1997, will include ICC coverage.


      LETTER OF MAP AMENDMENT or LOMA. An amendment to the currently effective FEMA map that establishes that a property is not located in a SFHA. A LOMA is only issued by FEMA.


      LETTER OF MAP REVISION or LOMR. An official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations.


      LETTER OF MAP REVISION BASED ON FILL or LOMR-F. An official revision by letter to an effective NFIP map. A LOMR-F provides FEMA's determination concerning whether a structure or parcel has been elevated on fill above the BFE and excluded from the SFHA.


      LOWEST ADJACENT GRADE. The lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.


      LOWEST FLOOR. The lowest of the following:


             (1)  The top of the lowest level of the structure;


             (2)  The top of the basement floor;


             (3)  The top of the garage floor, if the garage is the lowest level of the structure;


             (4)  The top of the first floor of a structure elevated on pilings or pillars;


             (5)  The top of the floor level of any enclosure, other than a basement, below an elevated structure where the walls of the enclosure provide any resistance to the flow of flood waters unless:


                   (a)  The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters by providing a minimum of two openings (in addition to doorways and windows) in a minimum of two exterior walls having a total net area of one square inch for every one square foot of enclosed area. The bottom of all such openings shall be no higher than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher; and,


                   (b)  Such enclosed space shall be usable solely for the parking of vehicles and building access.


      MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include a recreational vehicle.


      MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.


      MAP AMENDMENT. A change to an effective NFIP map that results in the exclusion from the SFHA of an individual structure or a legally described parcel of land that has been inadvertently included in the SFHA (that is, no alterations of topography have occurred since the date of the first NFIP map that showed the structure or parcel to be within the SFHA).


      MAP PANEL NUMBER. The four-digit number followed by a letter suffix assigned by FEMA on a flood map. The first four digits represent the map panel, and the letter suffix represents the number of times the map panel has been revised. (The letter “A” is not used by FEMA. The letter “B” is the first revision.)


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      MARKET VALUE. The building value, excluding the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. MARKET VALUE can be established by independent certified appraisal, replacement cost depreciated by age of building (actual cash value), or adjusted assessed values.


      MITIGATION. Sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of MITIGATION is two fold: to protect people and structures, and to minimize the cost of disaster response and recovery.


      NATIONAL FLOOD INSURANCE PROGRAM or NFIP. The federal program that makes flood insurance available to owners of property in participating communities nationwide through the cooperative efforts of the federal government and the private insurance industry.


      NATIONAL GEODETIC VERTICAL DATUM OR NGVD OF 1929. As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.


      NEW CONSTRUCTION. Any structure for which the start of construction commenced after the effective date of the community's first floodplain ordinance.


      NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the community's first floodplain ordinance.


      NORTH AMERICAN VERTICAL DATUM OF 1988 or NAVD 88. As adopted in 1993, a vertical control datum used as a reference for establishing varying elevations within the floodplain.


      OBSTRUCTION. Includes but is not limited to any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across, or projecting into any watercourse which may alter, impede, retard, or change the direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collect debris carried by the flow of water; or its likelihood of being carried downstream.


      ONE-HUNDRED YEAR FLOOD or 100-YEAR FLOOD. The flood that has a one percent chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the one-percent annual chance flood. See REGULATORY FLOOD.


      ONE-PERCENT ANNUAL CHANCE FLOOD. The flood that has a one percent chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the one-percent annual chance flood. See REGULATORY FLOOD.


      PARTICIPATING COMMUNITY. Any community that voluntarily elects to participate in the NFIP by adopting and enforcing floodplain management regulations that are consistent with the standards of the NFIP.


      PHYSICAL MAP REVISION or PMR. An official republication of a community's FEMA map to effect changes to base (one percent annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric features. These changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs.


      POST-FIRM CONSTRUCTION. Construction or substantial improvement that started on or after the effective date of the initial FIRM of the community or after December 31,1974, whichever is later.


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      PRE-FIRM CONSTRUCTION. Construction or substantial improvement, which started on or before December 31, 1974, or before the effective date of the initial FIRM of the community, whichever is later.


      PROBATION. A means of formally notifying participating communities of violations and deficiencies in the administration and enforcement of the local floodplain management regulations.


      PUBLIC SAFETY AND NUISANCE. Anything which is injurious to the safety or health of an entire community, neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.


      RECREATIONAL VEHICLE. A vehicle which is:


             (1)  Built on a single chassis;


             (2)  400 square feet or less when measured at the largest horizontal projections;


             (3)  Designed to be self-propelled or permanently towable by a light duty truck; and


             (4)  Designed primarily not for use as a permanent dwelling but as quarters for recreational camping, travel, or seasonal use.


      REGULAR PROGRAM. The phase of the community's participation in the NFIP where more comprehensive floodplain management requirements are imposed and higher amounts of insurance are available based upon risk zones and elevations determined in a FIS.


      REGULATORY FLOOD. The flood having a one percent chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the state Department of Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in § 151.03(B) of this chapter. The REGULATORY


FLOOD is also known by the term base flood, one percent annual chance flood, and 100-year flood.


      REPETITIVE LOSS. Flood-related damages sustained by a structure on two separate occasions during a ten-year period ending on the date of the event for which the second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25% of the market value of the structure at the time of each such flood event.


      SECTION 1316. That section of the National Flood Insurance Act of 1968, as amended, which states that no new flood insurance coverage shall be provided for any property that the Administrator finds has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or local laws, regulations, or ordinances that intended to discourage or otherwise restrict land development or occupancy in flood-prone areas.


      SPECIAL FLOOD HAZARD AREA or SFHA. Those lands within the jurisdictions of the county subject to inundation by the regulatory flood. The SFHAs of the county are generally identified as such on the county (unincorporated areas) Flood Insurance Rate Map prepared by the Federal Emergency Management Agency, dated January 5,1984. (These areas are shown on a FHBM or FIRM as Zone A, AE, A1-A30, AH, AR, A99, or AO.)


      START OF CONSTRUCTION. Includes substantial improvement, and the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it


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include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.


      STRUCTURE. A structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than 180 days.


      SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.


      SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred repetitive loss or substantial damage regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements or any alteration of a historic structure, provided that the alteration will not preclude the structures continued designation as a historic structure.


      SUSPENSION. The removal of a participating community from the NFIP because the community has not enacted and/or enforced the proper floodplain management regulations required for participation in the NFIP.


      VARIANCE. A grant of relief from the requirements of this chapter, which permits


construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.


      VIOLATION. The failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation, other certification, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.


      WATERCOURSE. A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. WATERCOURSE includes specifically designated areas in which substantial flood damage may occur.


      WATER SURFACE ELEVATION. The height, in relation to the North American Vertical Datum of 1988 (NAVD 88) or National Geodetic Vertical Datum of 1929 (NGVD) (or other datum where specified) of floods of various magnitudes and frequencies in the floodplains of riverine areas.


      X ZONE. The area where the flood hazard is less than that in the SFHA. Shaded X ZONES shown on recent FIRMs (B zones on older FIRMs) designate areas subject to inundation by the flood with a 0.2 percent chance of being equaled or exceeded (the 500-year flood). Unshaded X ZONES (C zones on older FIRMs) designate areas where the annual exceedance probability of flooding is less than 0.2 percent.


      ZONE. A geographical area shown on a FHBM or FIRM that reflects the severity or type of flooding in the area.


      ZONE A. (See definition for A ZONE.)


      ZONE B, C, AND X. Areas identified in the community as areas of moderate or minimal hazard from the principal source of flood in the area. However, buildings in these zones could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. Flood insurance is available in participating communities but is not required by regulation in these zones. (ZONE X is


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used on new and revised maps in place of ZONES B AND C.)

(Ord. passed 7-3-2012)



§ 151.03 GENERAL PROVISIONS.


      (A)  Lands to which this chapter applies. This chapter shall apply to all SFHAs and known flood prone areas within the jurisdiction of the county.


      (B)  Basis for establishing regulatory flood data. This chapter's protection standard is the regulatory flood. The best available regulatory flood data is listed below. Whenever a party disagrees with the best available data, the party submitting the detailed engineering study needs to replace existing data with better data and submit it to the state Department of Natural Resources for review and approval.


             (1)  The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of the county shall be as delineated on the one percent annual chance flood profiles in the Flood Insurance Study of the county (unincorporated areas) dated July 5, 1983, and the corresponding Flood Boundary Floodway Map prepared by the Federal Emergency Management Agency and dated January 5, 1984.


             (2)  The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of the county, delineated as an “A Zone” on the county (unincorporated areas) Flood Insurance Rate Map prepared by the Federal Emergency Management Agency and dated January 5, 1984, shall be according to the best data available as provided by the state Department of Natural Resources, provided that the upstream drainage area from the subject site is greater than one square mile.


             (3)  In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood elevation, floodway, and fringe limits of any watercourse in the community's known flood prone areas shall be according to the best data available as provided by the state Department of Natural Resources, provided that the upstream


drainage area from the subject site is greater than one square mile.


      (C)  Establishment of floodplain development permit. A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities in areas of special flood hazard.


      (D) Compliance. No structure shall hereafter be located, extended, converted, or structurally altered within the SFHA without full compliance with the terms of this chapter and other applicable regulations. No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of this chapter and other applicable regulations.


      (E)  Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.


      (F)  Discrepancy between mapped floodplain and actual ground elevations.


             (1)  In cases where there is a discrepancy between the mapped floodplain (SFHA) on the FIRM and the actual ground elevations, the elevation provided on the profiles shall govern.


             (2)  If the elevation of the site in question is below the base flood elevation, that site shall be included in the SFHA and regulated accordingly.


             (3)  If the elevation (natural grade) of the site in question is above the base flood elevation, that site shall be considered outside the SFHA and the floodplain regulations will not be applied. The property owner should be advised to apply for a LOMA.


      (G)  Interpretation. In the interpretation and application of this chapter all provisions shall be:


             (1)  Considered as minimum requirements.



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             (2)  Liberally construed in favor of the governing body.


             (3)  Deemed neither to limit nor repeal any other powers granted under state statutes.


      (H) Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this chapter does not create any liability on the part of the county, the state Department of Natural Resources, or the state for any flood damage that results from reliance on this chapter or any administrative decision made lawfully thereunder.


      (I)   Penalties for violation. Failure to obtain a floodplain development permit in the SFHA or failure to comply with the requirements of a floodplain development permit or conditions of a variance shall be deemed to be a violation of this chapter. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the zoning code for the county. All violations shall be punishable by a fine not exceeding $2,500.00.


             (1)  A separate offense shall be deemed to occur for each day the violation continues to exist.


             (2)  The Floodplain Administrator shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.


             (3)  Nothing herein shall prevent the county from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.


      (J)   Increased cost of compliance (ICC). In order for buildings to qualify for a claim payment under ICC coverage as a “repetitive loss structure,” the National Reform Act of 1994 requires that the building be covered by a contract for flood insurance and incur flood-related damages on two occasions


during a ten-year period ending on the date of the event for which the second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25 percent of the market value of the building at the time of each such flood event.

(Ord. passed 7-3-2012)



§ 151.04 ADMINISTRATION.


      (A)  Designation of administrator. The Board of Commissioners of the county hereby appoints the county Building Commissioner to administer and implement the provisions of this chapter and is herein referred to as the Floodplain Administrator.


      (B)  Permit procedures. Application for a floodplain development permit shall be made to the Floodplain Administrator on forms furnished by him or her prior to any development activities and may include but not be limited to the following: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; and existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically the following information is required:


             (1)  Application stage.


                   (a)  A description of the proposed development.


                   (b)  Location of the proposed development sufficient to accurately locate property and structure in relation to existing roads and streams.


                   (c)  A legal description of the property site.


                   (d)  A site development plan showing existing and proposed development locations and existing and proposed land grades.


                   (e)  Elevation of the top of the lowest floor (including basement) of all proposed buildings. Elevation should be in NAVD 88 or NGVD.


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                   (f)   Elevation (in NAVD 88 or NGVD) to which any non-residential structure will be floodproofed.


                   (g)  Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.


             (2)  Construction stage. Upon placement of the lowest floor, or floodproofing, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the NAVD 88 or NGVD elevation of the lowest floor or floodproofed elevation, as built. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular structure, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holders' risk. (The Floodplain Administrator shall review the lowest floor and floodproofing elevation survey data submitted.) The permit holder shall correct deficiencies detected by such review before any further work is allowed to proceed. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project.


      (C)  Duties and responsibilities of the Floodplain Administrator.


             (1)  The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of this chapter. The administrator is further authorized to render interpretations of this chapter, which are consistent with its spirit and purpose.


             (2)  Duties and responsibilities of the Floodplain Administrator shall include but not be limited to:


                   (a)  Review all floodplain development permits to assure that the permit requirements of this chapter have been satisfied.


                   (b)  Inspect and inventory damaged structures in the SFHA and complete substantial damage determinations.


                   (c)  Ensure that construction authorization has been granted by the state Department of Natural Resources for all development projects subject to § 151.05(E) and (G)(1) of this chapter and maintain a record of such authorization (either copy of actual permit or floodplain analysis/regulatory assessment).


                   (d)  Ensure that all necessary federal or state permits have been received prior to issuance of the local floodplain development permit. Copies of such permits are to be maintained on file with the floodplain development permit.


                   (e)  Notify adjacent communities and the state Floodplain Coordinator prior to any alteration or relocation of a watercourse and submit copies of such notifications to FEMA.


                   (f)   Maintain for public inspection and furnish upon request local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, Letters of Map Amendment (LOMA), Letters of Map Revision (LOMR), copies of DNR permits and floodplain analysis and regulatory assessments (letters of recommendation), federal permit documents, and “as-built” elevation and floodproofing data for all buildings constructed subject to this chapter.


                   (g)  Utilize and enforce all Letters of Map Revision (LOMR) or Physical Map Revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community.


                   (h)  Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.


                   (i)   Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with § 151.04(B).


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                   (j)   Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed in accordance with § 151.04(B).


                   (k)  Review certified plans and specifications for compliance.


                   (l)   Stop work orders.


                          1.   Upon notice from the floodplain administrator, work on any building, structure, or premises that is being done contrary to the provisions of this chapter shall immediately cease.


                          2.   Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed.


                   (m) Revocation of permits.


                          1.   The floodplain administrator may revoke a permit or approval, issued under the provisions of the chapter, in cases where there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.


                          2.   The floodplain administrator may revoke a permit upon determination by the floodplain administrator that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this chapter.


                   (n)  Inspect sites for compliance. For all new and/or substantially improved buildings constructed in the SFHA, inspect before, during, and after construction. Authorized county officials shall have the right to enter and inspect properties located in the SFHA.

(Ord. passed 7-3-2012)


§ 151.05 PROVISIONS FOR FLOOD HAZARD REDUCTION.


      (A)  General standards. In all SFHAs and known flood prone areas, the following provisions are required:


             (1)  New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.


             (2)  Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include but are not limited to use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.


             (3)  New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG.


             (4)  New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.


             (5)  Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at/above the FPG or designed so as to prevent water from entering or accumulating within the components below the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG.


             (6)  New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.


             (7)  New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system.


             (8)  On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.


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             (9)  Any alteration, repair, reconstruction, or improvements to a structure that is in compliance with the provisions of this chapter shall meet the requirements of “new construction” as contained in this chapter.


           (10)  Any alteration, repair, reconstruction, or improvement to a structure that is not in compliance with the provisions of this chapter shall be undertaken only if said non-conformity is not further extended or replaced.


      (B)  Specific standards. In all SFHAs, the following provisions are required:


             (1)  In addition to the requirements of § 151.05(A), all structures to be located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations:


                   (a)  Construction or placement of any new structure having a floor area greater than 400 square feet.


                   (b)  Addition or improvement made to any existing structure:


                          1.   Where the cost of the addition or improvement equals or exceeds 50% of the value of the existing structure (excluding the value of the land).


                          2.   With a previous addition or improvement constructed since the community's first floodplain ordinance.


                   (c)  Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to its before damaged condition equals or exceeds 50% of the market value of the structure (excluding the value of the land) before damage occurred.


                   (d)  Installing a travel trailer or recreational vehicle on a site for more than 180 days.


                   (e)  Installing a manufactured home on a new site or a new manufactured home on an existing


site. This chapter does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage.


                   (f)   Reconstruction or repairs made to a repetitive loss structure.


             (2)  Residential construction. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor, including basement, at or above the FPG (two feet above the base flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of § 151.05(B)(4).


             (3)  Non-residential construction. New construction or substantial improvement of any commercial, industrial, or non-residential structure (or manufactured home) shall either have the lowest floor, including basement, elevated to or above the FPG (two feet above the base flood elevation) or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of § 151.05(B)(4). Structures located in all “A Zones” may be floodproofed in lieu of being elevated if done in accordance with the following:


                   (a)  a registered professional engineer or architect shall certify that the structure has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. Such certification shall be provided to the official as set forth in § 151.04(C)(10).


                   (b)  Floodproofing measures shall be operable without human intervention and without an outside source of electricity.


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             (4)  Elevated structures. New construction or substantial improvements of elevated structures shall have the lowest floor at or above the FPG. Elevated structures with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs must meet the following minimum criteria:


                   (a)  Provide a minimum of two openings located in a minimum of two exterior walls (having a total net area of not less than one square inch for every one square foot of enclosed area).


                   (b)  The bottom of all openings shall be no more than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher.


                   (c)  Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic flow of floodwaters in both directions.


                   (d)  Openings are to be not less than three inches in any direction in the plane of the wall. This requirement applies to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device.


                   (e)  Access to the enclosed area shall be the minimum necessary to allow for parking for vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).


                   (f)   The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.


                   (g)  The interior grade of such enclosed area shall be at an elevation at or higher than the exterior grade.


                   (h)  Where elevation requirements exceed 6 feet above the highest adjacent grade, a copy of the legally recorded deed restriction prohibiting the conversion of the area below the lowest floor to a use or dimension contrary to the structure's originally approved design shall be presented as a condition of issuance of the final Certificate of Occupancy.


             (5)  Structures constructed on fill. A residential or nonresidential structure may be constructed on a permanent land fill in accordance with the following:


                   (a)  The fill shall be placed in layers no greater than one foot deep before compacting to 95% of the maximum density obtainable with either the standard or modified proctor test method.


                   (b)  The fill should extend at least ten feet beyond the foundation of the structure before sloping below the FPG.


                   (c)  The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three horizontal to one vertical.


                   (d)  The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.


                   (e)  The top of the lowest floor, including basements, shall be at or above the FPG.


             (6)  Standards for manufactured homes and recreational vehicles. Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one of the following requirements:


                   (a)  The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately foundation system to resist flotation, collapse, and lateral movement. This requirement applies to all manufactured homes to be placed on a site:


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                          1.   outside a manufactured home park or subdivision;


                          2.   in a new manufactured home park or subdivision;


                          3.   in an expansion to an existing manufactured home park or subdivision; or


                          4.   in an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood.


                   (b)  The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elevations that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. This requirement applies to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood.


                   (c)  Manufactured homes with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in § 151.05(B)(1).


                   (d)  Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.


                   (e)  Recreational vehicles placed on a site shall either:


                          1.   Be on site for less than 180 days; and,


                          2.   Be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect


type utilities and security devices, and has no permanently attached additions); or


                          3.   Meet the requirements for “manufactured homes” as stated earlier in this chapter.


      (C)  Standards for subdivision proposals.


             (1)  All subdivision proposals shall be consistent with the need to minimize flood damage.


             (2)  All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.


             (3)  All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.


             (4)  Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions), which is greater than the lesser of 50 lots or five acres.


             (5)  All subdivision proposals shall minimize development in the SFHA and/or limit density of development permitted in the SFHA.


             (6)  All subdivision proposals shall ensure safe access into/out of SFHA for pedestrians and vehicles (especially emergency responders).


      (D) Critical facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated to or above the FPG at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the FPG shall be provided to all critical facilities to the extent possible.


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      (E)  Standards for identified floodways.


             (1)  Located within SFHAs, established in § 151.03(B), are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris and potential projectiles and has erosion potential. If the site is in an identified floodway, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the state Department of Natural Resources and apply for a permit for construction in a floodway. Under the provisions of I.C. 14-28-1, a permit for construction in a floodway from the state Department of Natural Resources is required prior to the issuance of a local building permit for any excavation, deposit, construction, or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing, and paving, etc., undertaken before the actual start of construction of the structure. However, it does exclude non-substantial additions/improvements to existing (lawful) residences in a non-boundary river floodway. (I.C. 14-28-1-26 allows construction of non-substantial additions/ improvements to residences in a non-boundary river floodway without obtaining a permit for construction in the floodway from the state Department of Natural Resources. Please note that if fill is needed to elevate an addition above the existing grade, prior approval (construction in a floodway permit) for the fill is required from the state Department of Natural Resources.)


             (2)  No action shall be taken by the Floodplain Administrator until a permit (when applicable) has been issued by the state Department of Natural Resources granting approval for construction in the floodway. Once a permit for construction in a floodway has been issued by the state Department of Natural Resources, the Floodplain Administrator may issue the local floodplain development permit, provided that the provisions contained in § 151.05 of this chapter have been met. The floodplain development permit cannot be less restrictive than the permit for construction in a floodway issued by the state Department of Natural Resources. However, a community's more restrictive regulations (if any) shall take precedence.


             (3)  No development shall be allowed which, acting alone or in combination with existing or future development, will increase the regulatory flood more than 0.14 of one foot.


             (4)  For all projects involving channel modifications or fill (including levees), the county shall submit the data and request that the Federal Emergency Management Agency revise the regulatory flood data.


      (F)  Standards for identified fringe. If the site is located in an identified fringe, then the Floodplain Administrator may issue the local floodplain development permit, provided that the provisions contained in § 151.05 of this chapter have been met. The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the FPG.


      (G)  Standards for SFHAs without established base flood elevation and/or floodways/fringes.


             (1)  Drainage area upstream of the site is greater than one square mile:


                   (a)  If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined, and the drainage area upstream of the site is greater than one square mile, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the state Department of Natural Resources for review and comment.


                   (b)  No action shall be taken by the Floodplain Adininistrator until either a permit for construction in a floodway or a floodplain analysis/regulatory assessment citing the one percent annual chance flood elevation and the recommended flood protection grade has been received from the state Department of Natural Resources.


                   (c)  Once the Floodplain Administrator has received the proper permit for construction in a floodway or floodplain analysis/regulatory assessment approving the proposed development, a floodplain


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20H                                                Jackson County - Land Usage



development permit may be issued, provided that the conditions of the floodplain development permit are not less restrictive than the conditions received from the state Department of Natural Resources and the provisions contained in § 151.05 of this chapter have been met.


             (2)  Drainage area upstream of the site is less than one square mile:


                   (a)  If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the Floodplain Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodplain and one percent annual chance flood elevation for the site.


                   (b)  Upon receipt, the Floodplain Administrator may issue the local floodplain development permit, provided that the provisions contained in § 151.05 of this chapter have been met.


             (3)  The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood more than 0.14 of one foot and will not increase flood damages or potential flood damages.


      (H) Standards for flood prone areas. All development in known flood prone areas not identified on FEMA maps, or where no FEMA published map is available, shall meet applicable standards as required per § 151.05.

(Ord. passed 7-3-2012)



§ 151.06 VARIANCE PROCEDURES.


      (A)  Designation of Variance and Appeals Board. The Board of Zoning Appeals shall hear and decide appeals and requests for variances from requirements of this chapter.


      (B)  Duties of Variance and Appeals Board. The board shall hear and decide appeals when it is alleged


an error in any requirement, decision, or determination is made by the Floodplain Administrator in the enforcement or administration of this chapter. Any person aggrieved by the decision of the Board may appeal such decision to the county Circuit Court.


      (C)  Variance procedures. In passing upon such applications, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:


             (1)  The danger to life and property due to flooding or erosion damage.


             (2)  The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.


             (3)  The importance of the services provided by the proposed facility to the community.


             (4)  The necessity to the facility of a waterfront location, where applicable.


             (5)  The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.


             (6)  The compatibility of the proposed use with existing and anticipated development.


             (7)  The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.


             (8)  The safety of access to the property in times of flood for ordinary and emergency vehicles.


             (9)  The expected height, velocity, duration, rate of rise, and sediment of transport of the floodwaters at the site.


            (10) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.



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      (D) Conditions for variances.


             (1)  Variances shall only be issued when there is:


                   (a)  A showing of good and sufficient cause.


                   (b)  A determination that failure to grant the variance would result in exceptional hardship.


                   (c)  A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.


             (2)  No variance for a residential use within a floodway subject to § 151.05(E) or (G)(1) of this chapter may be granted.


             (3)  Any variance granted in a floodway subject to § 151.05(E) or (G)(1) of this chapter will require a permit from the state Department of Natural Resources.


             (4)  Variances to the provisions for flood hazard reduction of § 151.05(B) may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade.


             (5)  Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.


             (6)  Variances may be granted for the reconstruction or restoration of any structure individually listed on the National Register of Historic Places or the State Register of Historic Sites and Structures.


             (7)  Any application to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (See § 151.06(E).)


             (8)  The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency or the state Department of Natural Resources upon request. (See § 151.06(E).)


      (E)  Variance notification.


             (1)  Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:


                   (a)  The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and


                   (b)  Such construction below the base flood level increases risks to life and property.


             (2)  A copy of the notice shall be recorded by the Floodplain Administrator in the office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.


             (3)  The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in the community's biennial report submission to the Federal Emergency Management Agency.


      (F)  Historic structure. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure, and the


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variance is the minimum to preserve the historic character and design of the structure.


      (G)  Special conditions. Upon the consideration of the factors listed in § 151.06 and the purposes of this chapter, the Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(Ord. passed 7-3-2012)



§ 151.07 SEVERABILITY.


      If any section, clause, sentence, or phrase of the chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this chapter.

(Ord. passed 7-3-2012)



§ 151.08 EFFECTIVE DATE.


      This chapter shall take effect upon its passage by the Board of Commissioners.

(Ord. passed 7-3-2012)




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CHAPTER 152: SUBDIVISIONS



Section


General Provisions

 

      152.001  Title

      152.002  Authority

      152.003  Policy

      152.004  Purpose

      152.005  Definitions

      152.006  Applicability and jurisdiction

      152.007  Classification of subdivisions

      152.008  Conflicts and consistency

      152.009  Compliance

      152.010  Effective date; transitional provisions

      152.011  Preparation by surveyor

      152.012  Minimum standards

      152.013  Compliance required for permit issuance

      152.014  Improvement location permits

      152.015  Public Facilities Plan


Administration

 

      152.025  Administration and decision-making bodies

      152.026  Amendments

      152.027  Modifications

      152.028  Appeals

      152.029  Exempt subdivisions


Minor Subdivisions

 

      152.040  General

      152.041  Primary approval

      152.042  Secondary approval

      152.043  Minor subdivision review process

      152.044  Amendment

      152.045  Appeal

      152.046  Recording


Major Subdivisions

 

      152.060  General

      152.061  Concept plan

      152.062  Primary approval

      152.063  Secondary approval

      152.064  Major subdivision approval process

      152.065  Phases

      152.066  Recording


Conservation Subdivisions

 

      152.080  Purpose

      152.081  Objectives

      152.082  Authority and applicability

      152.083  Maximum development density and dimensional requirements

      152.084  Open space requirements

      152.085  Protection and management of open space

      152.086  Design standards

      152.087  Pre-application meeting required

      152.088  Subdivision application requirements and review process

      152.089  Subdivision application


Development and Design Standards

 

      152.100  Minor subdivisions

      152.101  Major subdivisions


Improvements and Financial Guarantees

 

      152.115  Completion of improvements

      152.116  Secondary approval and performance guarantees




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      152.117  Maintenance guarantees

      152.118  Form of financial guarantees

      152.119  Release of financial guarantees

      152.120  Inspection


Enforcement

 

      152.135  Plat validity

      152.136  Complaint

 

      152.999  Penalty

      Appendix A:  Certificates and Notations

Editor’s note:

      The Jackson County Comprehensive Plan was

        adopted by the County Commissioners on

        September 19, 2006 in Res. 2006-4.




GENERAL PROVISIONS



§ 152.001 TITLE.


      This chapter shall be known as, referred to, and cited as the “Subdivision Control Ordinance of Jackson County, Indiana,” and is hereinafter referred to as “this chapter.”

(Ord. 2008-2, passed 8-5-2008)



§ 152.002 AUTHORITY.


      This chapter is adopted pursuant to I.C. 36-7-4-700, and any amendments thereto. In accordance with the provisions of that statute, the County Plan Commission (hereinafter called “Commission”) has exclusive control over the approval of plats and re-plats involving unincorporated land within the county.

(Ord. 2008-2, passed 8-5-2008)

Statutory reference:

      Authorizing the planning and regulation

        of real property by platting or subdividing,

        see I.C. 36-7-2-2

      Enabling legislation in this area,

        see I.C. 36-7-4-700




§ 152.003 POLICY.


      (A)  It is declared to be the policy of the county to consider the subdivision of land and subsequent development of the land as subject to control of the county pursuant to the Comprehensive Plan for the orderly, planned, efficient and economical development of the county.


      (B)  Land to be subdivided shall be of a character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace, and land shall not be subdivided until adequate infrastructure and services exist or are guaranteed in accordance with §§ 152.115 through 152.120, and proper provision has been made for drainage, water, sewerage and public facilities such as parks, recreational facilities, streets and sidewalks.


      (C)  All modifications of existing and proposed improvements shall conform with and be properly related to the Comprehensive Plan and the standards contained in other applicable ordinances and regulations.

(Ord. 2008-2, passed 8-5-2008)



§ 152.004 PURPOSE.


      This chapter is adopted for the following purposes:


      (A)  To protect and provide for the public health, safety and general welfare of the county;


      (B)  To guide the future development of the county in accordance with the Comprehensive Plan and any related policies;


      (C)  To provide for the safety, comfort and soundness of the built environment and related open spaces;


      (D) To protect the compatibility, character, economic stability and orderliness of all development through reasonable design standards;



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      (E)  To ensure that adequate public facilities will be provided in conjunction with new development;


      (F)  To ensure quality installation of improvements that shall be later maintained by the county; and


      (G)  To supply proper land boundary records:


             (1)  To provide for the survey, documentation and permanent monumentation of land boundaries of property;


             (2)  To provide for identification of property; and


             (3)  To provide public access to land boundary records.

(Ord. 2008-2, passed 8-5-2008)



§ 152.005 DEFINITIONS.


      (A)  Meaning and intent. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.


      (B)  Text controls. In case of any difference of meaning or implication between the text of this chapter and any heading, drawing, table or figure, the text shall control.


      (C)  Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as “including,” “such as,” or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.


      (D) Computation of time. Unless the terms of a specific provision state otherwise (e.g., some provisions specify “business days”), periods of time defined by a number of days shall mean a number of consecutive calendar days, including all weekend days, holidays and other non-business working days; however, if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded.



      (E)  References to other regulations, publications and documents. Whenever reference is made to a resolution, ordinance, statute, regulation or document, that reference shall be construed as referring to the most recent edition of the regulation (as amended), resolution, ordinance, statute, regulation or document or to the relevant successor document, unless otherwise expressly stated.


      (F)  Public officials and agencies. All public officials, bodies and agencies to which references are made are those of the county, unless otherwise expressly stated. Whenever reference is made to a public official’s ordinance or name of a public agency, that reference shall be construed as referring to the most up-to-date ordinance or agency name, or to the relevant successor official or agency.


      (G)  Delegation of authority. Whenever a provision appears requiring the head of a department or another officer or employee of the county to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.


      (H) Technical and non-technical words. Words and phrases not otherwise defined in this chapter shall be construed according to the common and approved usage of the language, but technical words and phrases not otherwise defined in this chapter that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to that meaning.


      (I)   Mandatory and discretionary terms. The word “shall” is always mandatory, and the words “may” or “should” are always permissive.


      (J)   Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:


             (1)  AND indicates that all connected items, conditions, provisions or events shall apply; and


             (2)  OR indicates that one or more of the connected items, conditions, provisions or events shall apply.


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      (K)  Tense and usage. Words used in one tense (past, present or future) include all other tenses, unless the context clearly indicates the contrary. The singular shall include the plural, and the plural shall include the singular.


      (L)  Gender. The masculine shall include the feminine, and vice versa.


      (M) Conservation subdivision definitions. For the purposes of §§ 152.080 through 152.089 below only, the following definitions apply.


             BUFFER. A land area maintained in either a natural or landscaped state and used to visibly separate or screen one use from another or to minimize potentially negative impacts on surrounding areas (e.g., shield or block noise, light or other nuisances, reduce water pollution). BUFFER areas may include such things as fences or berms as well as shrubs and trees.


             BUILDABLE AREA. The land area that does not have any of the following characteristics: wetlands or wetland soils; slopes greater than 25%; submerged areas; utility easements; rights-of-way, 100-year floodplain; required buffers and required setbacks.


             BUILDABLE LOT. The smallest lot area established by the Zoning Ordinance on which a use or structure may be located in a particular district.


             BUILDING ENVELOPE. The area within which clearing, grading, lawns, pavement and buildings will be located.


             CONSERVATION EASEMENT. A perm-anent legal restriction against future development and other activities as specified in the conservation easement deed. An easement may be worded to permit or restrict public access, allow or disallow recreational uses, allow or disallow other uses, such as limited development, agriculture or forestry. Easements are tied to the title of the land, regardless of subsequent ownership.



             CONSERVATION SUBDIVISION. An alternative form of residential development where, instead of subdividing an entire tract into lots of conventional size, a similar number of housing units may be arranged on lots of reduced dimensions.


             CONSTRUCTION PLAN. The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirement of the Plan Commission as a condition of the approval of the subdivision plat.


             DEED RESTRICTION. Synonymous with RESTRICTED COVENANT.


             DESIGNATED OPEN SPACE. Open space that is shown and labeled.


             DEVELOPER. The owner of land proposed to be subdivided or his or her representative. Consent shall be required from the legal owners of the property.


             EASEMENT. The right or privilege that a person may have in another person’s property usually for the purposes of installing and maintaining utilities and drainage ways.


             FARM/AGRICULTURE. Any land, buildings or structures on or in which agriculture and farming operations are carried out as the principal use.


             HOMEOWNERS ASSOCIATION. A private corporation, association or other legal entity organized in accordance with state law and established by the developer or the member individuals for the benefit and enjoyment of its members, including oversight and management of common open space or facilities.


             IMPROVEMENT. Refers to site grading, street work and utilities, including water, sewer, electric, gas and stormwater to be installed or agreed to be installed by the subdivider on land to be used for


Subdivisions25



public or private streets, and easements or other purposes as are necessary for the general use of a lot.


             LOT LINE. A line or record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.


             OPEN SPACE, COMMON. Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and/or the town and may include complementary structures and improvements as are necessary, appropriate and approved by the Plan Commission.


             RESTRICTED COVENANT. A restriction on the use of land usually set forth in the deed for the property.


             SKETCH PLAN. A preparatory sketch to the preliminary subdivision plat layout to enable the subdivider to save time and expense in reaching general agreement with the Plan Commission as to the form of the plat and the objectives of these regulations.


      (N) Subdivision control definitions. The following definitions shall apply to this entire chapter, the County Subdivision Control Ordinance. If any of the following definitions conflict with the definitions given in division (M) above, the subdivision control definitions shall apply, except within §§ 152.080 through 152.089, where the conservation subdivision definitions shall apply.


             AASHTO. The American Association of State Highway and Transportation Officials.


             ACCESS EASEMENT. A private way meeting the standards of this chapter that provides access to lots, tracts or parcels of land.


             ACCESSORY LOT. A parcel that is not intended to contain a principal use and is permanently tied to another lot that contains or may contain a principle use. An ACCESSORY LOT must be


contiguous to the lot with which it is associated or separated only by a right-of-way.


             ALLEY. A minor way that provides vehicular access to the back side of property that abuts a street.


             APPLICANT. The owner or authorized representative thereof of land proposed for subdivision.


             AS-BUILT PLANS. A drawing or drawings accurately indicating the location and design details of all improvements installed in relation to the subdivision.


             BLOCK.


                   (1)  Property abutting on one side of a street, and lying between the two nearest intersecting or intercepting streets, or between the nearest intersection of an intercepting street and railroad right-of-way, waterway or other definite barrier.


                   (2)  For purposes of this definition, a cul-de-sac less than 100 feet in length does not constitute an intersecting or intercepting street.


             BUILDING LINE. A line parallel to the street line touching that part of a building closest to the street.


             BUILDING SITE. The three-dimensional space within which a structure is permitted to be built on a lot and that is defined by maximum height regulations, and minimum yard setbacks and is large enough to accommodate the principal structure, any on-site sewage disposal system, and customary accessory structures such as garages, decks and patios.


             COMMISSION. The Jackson County Plan Commission.


             COMPREHENSIVE PLAN. The complete plan or any of its parts for the development of the county adopted in accordance with the 500 Series of


26                                                   Jackson County - Land Usage



the Indiana Code as is now or may hereafter be in effect.


             CONSTRUCTION PLANS. Any maps or drawing accompanying a subdivision plat showing the location and design details of improvements to be installed for the subdivision in accordance with the requirements of this chapter.


             COUNTY COMMISSIONERS. The Board of County Commissioners of the county.


             COVENANT. A restriction placed on the development or use of land through a written, recorded instrument.


             DEVELOPER. Any individual subdivider, firm, association syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these regulations to effect a subdivision of land. See SUBDIVIDER.


             DRAINAGE SWALE. A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion or other site feature.


             DRAINAGE SYSTEM. Any combination of surface and/or subsurface drainage components fulfilling the drainage requirements of this chapter.


             EASEMENT. A grant by the property owner of the use of part of the owner’s land by another for a specified purpose.


             EROSION. The wearing away of the land surface by the action of wind, water or gravity.


             EXEMPT SUBDIVISION. A subdivision meeting the criteria in this chapter.


             FLOOD HAZARD AREA. Any floodplain, floodway, floodway fringe district or any combination thereof as illustrated on the flood boundary and floodway map prepared by the Federal Emergency Management Agency (FEMA). This is the area immediately affected by flood water during a 100-year flood.


             FLOODPLAIN. The floodway and the floodway fringe and any other areas indicated on the flood boundary maps as “flood prone areas” for which no data are available. The regulatory floodplain is the area shown as “Zone A” on the flood insurance rate map (FIRM). This area includes both the floodway and the fringe portions of the FLOODPLAIN.


             FLOOD PROTECTION GRADE. The following:


                   (a)  For residential buildings, the elevation of the lowest floor of a building or structure. If a building contains a basement, the basement is considered the lowest floor.


                   (b)  For commercial and industrial buildings, the water surface elevation for which the building is protected according to standards and specifications established by the Federal Emergency Management Agency.


             FLOODWAY. The area designated as floodway on the county flood boundary and floodway maps of current adoption promulgated by the Federal Emergency Management Agency and the State Department of Natural Resources.


             FLOODWAY FRINGE. The area designated as floodway fringe on the county flood boundary maps of current adoption promulgated by the Federal Emergency Management Agency and the State Department of Natural Resources.


             IDEM. The Indiana Department of Environmental Management.


             IDNR. The Indiana Department of Natural Resources.


             ISDH. The Indiana State Department of Health.


             IMPROVEMENT PLANS OR DRAWINGS. The maps, drawings and text accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of this chapter as a condition of the approval of the plat.


Subdivisions27



             LANDSCAPE SCREEN. Any combination of fences, walls, hedges, shrubs, trees and other landscape materials shown on a plan approved by the Plan Commission that effectively provide a solid, dense and opaque mass, to prohibit view, absorb sound and provide site delineation. The SCREEN shall be a minimum of six feet tall and provide total opaqueness throughout the year.


             LEGAL DESCRIPTION. A property description recognized by law that defines boundaries by reference to government surveys, coordinate systems, or recorded maps and is sufficient to locate property with oral testimony.


             LEGAL LOT OF RECORD. A lot created in accordance with applicable regulations and shown or described on a plat or deed in the office of the County Recorder.


             LOT. For the purpose of these regulations, a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. The LOT shall have frontage on a dedicated, maintained public street, approved private street or access easement.


             LOT, DOUBLE-FRONTAGE. A lot having frontage on two parallel streets or which fronts upon two streets which do not intersect at the boundaries of the lot.


             LOT FRONTAGE. The linear distance of a lot measured at and along the front lot line where the lot abuts a street or other approved access.


             LOT WIDTH. The distance between side lot lines as measured at and along the front setback line.


             MAJOR SUBDIVISION. All subdivisions other than those subdivisions meeting the applicability requirements set forth in this chapter for minor plats or the definition of “exempt subdivision.”


             MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. The book by that title


prepared by the Joint Committee on Traffic Control Devices, U.S. Department of Commerce, Bureau of Public Roads, as amended.


             MINOR SUBDIVISION. A division of land fronting an existing public right-of-way, not requiring any new streets, alleys, roads or opening of a new public right-of-way and which complies in all other respects with this Subdivision Control Ordinance and the Zoning Ordinance of the county.


             NRCS. The Natural Resources Conservation Service.


             OPEN SPACE. Any parcel or area of land or water set aside, dedicated, designated or reserved for public or private use or enjoyment. OPEN SPACE includes but is not limited to unimproved land, nature preserves, trail systems and outdoor recreational facilities.


             OPEN SPACE, COMMON. Land within or related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use or enjoyment of the residents and their guests of the development and may include such complementary structures and improvements as are necessary and appropriate.


             OWNER (LEGAL TITLE). The person(s) listed in the most recent official records of the township or county assessor.


             PARENT TRACT OR PROPERTY. The land from which the new lot or tract of land is being taken, as recorded in the Recorder’s office at the time of adoption of this chapter. No lot created after the effective date of this chapter shall be considered to be a PARENT TRACT.


             PERSON. Includes an individual, corp-oration, firm, partnership, association, organization or any other unit or legal entity.


             PETITIONER. The owner(s) of land proposed to be subdivided or his or her representative.



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             PLAT. A map indicating the subdivision or resubdivision of land, and intended to be recorded in the County Recorder’s plat books.


             PLAT COMMITTEE. A committee appointed by the Commission to review and act upon minor plats.


             PLAT, FINAL. A drawing prepared in accordance with the provisions of this chapter, submitted for secondary approval and intended for recording.


             PLAT, MINOR. See MINOR SUB-DIVISION.


             PLAT, PRELIMINARY. A drawing prepared in accordance with the provisions of this chapter, submitted for primary approval.


             PRIMARY APPROVAL. Approval granted by the Commission to a primary plat. The PRIMARY APPROVAL shall include all conditions needed to bring the plat into conformance with this chapter.


             PRINCIPAL BUILDING. A building in which the principal use of the lot on which it is located is conducted, including a building that is attached to such a building in a substantial way, such as by a roof (with respect to residential uses, it means the main dwelling).


             RESUBDIVISION or REPLAT. Any change in a map of a recorded subdivision plat affecting any street layout, easement, area reserved for public use, lot line or affecting any map or plan legally recorded prior to the adoption of any regulations controlling subdivision. A REPLAT shall be considered a minor plat, provided that no new streets or roads or utility extensions are required. If streets or utility extensions are required, then the plat shall be considered a major subdivision of land.


             SECONDARY APPROVAL. The final approval granted to a subdivision by the Commission or a designated representative. This approval authorizes the owner or agent to record the plat.



             SETBACK. The distance between a building and any lot line.


             SETBACK LINE. The line that is the required minimum distance from any lot line and that establishes the area within which the building or structure must be erected or placed.


             SKETCH PLAN. A drawing and any accompanying material that shows the general concept of a proposed major subdivision, including street layout, lot configuration and other information as may be required by the Plan Commission’s Rules of Procedure.


             STREET. A right-of-way dedicated or otherwise legally established for public use, which affords the principal means of access to abutting property. A STREET may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive or other appropriate name. A STREET may also be classified according to function as follows.


                   (a)  ARTERIAL STREETS. High-capacity, high-volume streets that provide access to and through the county. The primary function of these streets is traffic movement, not access to property.


                   (b)  COLLECTOR STREETS. Medium-volume roads that collect and distribute traffic from lower-classification streets to arterials and expressways or activity centers. Traffic movement on these roads is a higher priority than access to property.


                   (c)  CUL-DE-SAC STREETS. Streets with only one outlet and having a paved, usually circular, turn-around at one end.


                   (d)  EXPRESSWAYS. Limited-access highways that carry large volumes of traffic and are of more importance regionally than locally. They provide continuous, highspeed traffic flow.


                   (e)  LOCAL STREETS. Low to medium volume streets that have the primary function of providing direct access to property. These streets


Subdivisions29



also distribute traffic to and from arterial and collector streets.


             STREET, DEAD-END. Any street with only one outlet but having no paved turn-around at the closed end.


             STREET, HALF. A street for which only half the required right-of-way is dedicated or improved.


             STREET, RURAL. A street that does not meet the definition of an urban street.


             STREET, STUB. A street that is extended to the property line for purposes of future extension onto neighboring property.


             STREET, URBAN. Includes any street located within a subdivision that is:


                   (a)  Within the jurisdictional fringe of the City of Seymour;


                   (b)  Adjacent to the corporate limits of any incorporated city or town in the county; or


                   (c)  Has a median lot size that is less than one-half acre.


             SUBDIVIDER. Any person who:


                   (a)  Has an interest in land;


                   (b)  Causes it, directly or indirectly, to be subdivided as defined herein, or directly or indirectly, sells, leases or develops or offers to sell, lease or develop, or advertises to sell, lease or develop, any interest, lot, parcel, site or unit in a subdivision;


                   (c)  Engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development a subdivision or any interest, lot, parcel, site or unit in a subdivision; or



                   (d)  Is directly or indirectly controlled by or under direct or indirect common control with any of the foregoing. See DEVELOPER.


             SUBDIVISION. 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. It also includes resubdivision or the grant of a right-of-way or access easement.


             SUBDIVISION, MAJOR. See MAJOR SUBDIVISION.


             SUBDIVISION, MINOR. See MINOR SUBDIVISION.


             SUBDIVISION, RURAL. Any subdivision that does not meet the definition of an urban subdivision.


             SUBDIVISION, URBAN. Any subdivision that is:


                   (a)  Within the jurisdictional fringe of the City of Seymour;


                   (b)  Adjacent to the corporate limits of any incorporated city or town in the county; or


                   (c)  Has a median lot size that is less than one-half acre.


             SUBSURFACE DRAINAGE. A system of pipes, tile, conduit or tubing installed beneath the ground surface used to collect ground water from individual parcels, lots or building footings.


             SURFACE DRAINAGE. A system by which the stormwater runoff is conducted to an outlet. This would include the proper grading of parking lots, streets, driveways, yards and the like so that the stormwater runoff is removed without ponding and flows to a drainage swale, open ditch or a storm sewer.


             THOROUGHFARE PLAN (OFFICIAL). The part of the Comprehensive Plan, now or hereafter adopted, which includes a major street and highway plan and sets the location, alignment, identification


30                                                   Jackson County - Land Usage



and classification of existing and proposed public streets, highways and other thoroughfares.


             WETLAND. Those areas where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which have soils indicative of wet conditions. The State Wetlands Inventory Maps produced by the State Department of Natural Resources Division of Water will be used as references in determining the size and location of wetlands.


             ZONE A. Floodplain.

(Ord. 2008-2, passed 8-5-2008)



§ 152.006 APPLICABILITY AND

JURISDICTION.


      (A)  The provisions of this chapter shall apply to all lands within the county, except for those incorporated cities and towns within the county, including land owned by local, county, state or federal agencies, to the extent allowed by law.


      (B)  For land within a municipality’s extraterritorial planning jurisdiction, roads and associated drainage shall meet the county’s standards in order to be accepted by the County Commissioners as public county roads.


      (C)  Incorporated cities and towns within the county include: Brownstown, Crothersville, Medora and Seymour.

(Ord. 2008-2, passed 8-5-2008)



§ 152.007 CLASSIFICATION OF

SUBDIVISIONS.


      (A)  This chapter addresses three different classifications of land divisions.


             (1)  In order to determine which class of subdivision a proposed land division best fits, the applicant or his or her representative is encouraged to discuss with the office of the Building Commissioner the nature of the land division being proposed, prior


to submitting any of the materials required by this chapter.


             (2)  Based upon the information provided at this conference, the office of the Building Commissioner will provide the applicant a preliminary opinion as to the classification of the subdivision and which application and review procedure applies to that type of subdivision.


      (B)  Failure to hold this conference and/or to provide complete and accurate information to the office of the Building Commissioner at this stage may cause delays in formal consideration of the subdivision.


      (C)  All land to be divided within the county shall be categorized into one of three types of subdivisions, in accordance with this chapter:


             (1)  Minor subdivision;


             (2)  Major subdivision; or


             (3)  Conservation subdivision.

(Ord. 2008-2, passed 8-5-2008)



§ 152.008 CONFLICTS AND CONSISTENCY.


      (A)  Conflicts and relationship with other regulations. When the provisions of this chapter are inconsistent with one another, or when the provisions of this chapter conflict with provisions found in other ordinances, codes or regulations adopted by the county, the more restrictive provision shall govern unless the terms of the provisions specify otherwise. It shall be the developer’s or applicant’s responsibility to determine and comply with all other applicable county, county, state or federal codes or regulations governing development and land use activities.


      (B)  Relationship with private-party easements, covenants or agreements. This chapter is not intended to interfere with or abrogate any easements, covenants or agreements between parties, provided that wherever this chapter proposes a greater restriction upon the use of buildings or land, upon the location or height of buildings or structures, or upon requirements


Subdivisions31



for open areas than those that are imposed or required by the easements, covenants or agreements between parties, the provisions of this chapter shall govern. In no case shall the county be obligated to enforce the provisions of any easements, covenants or agreements between parties.

(Ord. 2008-2, passed 8-5-2008)



§ 152.009 COMPLIANCE.


      (A)  All land subdivided or platted under the terms of this chapter shall comply with the minimum standards prescribed in the Zoning Ordinance of current adoption.


      (B)  The Commission shall not have the authority to approve any subdivision that does not comply with this chapter.


      (C)  For subdivisions of land within the zoning jurisdiction of another unit of government, the zoning laws of the unit having that jurisdiction shall apply.


             (1)  No lot other than a legal lot of record or an exempt parcel split shall be sold nor advertised for sale; no permit to erect any building upon land in a subdivision shall be issued; and no building shall be erected in a subdivision, unless and until a final major subdivision plat or minor plat has been approved and recorded.


             (2)  For subdivisions recorded after a financial guarantee is posted for the improvements, no occupancy permit shall be issued for any building unless in addition to all requirements of the building code, the following improvements are in place to provide for safe access to the building(s) for the occupants and for emergency vehicles:


                   (a)  Streets having a compacted subgrade and a binder course; and


                   (b)  Traffic control signs and street name signs.


             (3)  The provisions of this chapter shall be held to be minimum requirements necessary for the


promotion of the public health, safety and general welfare, and shall be liberally construed in favor of the county, and shall not be construed to be a limitation or repeal of any other power now possessed by the county.

(Ord. 2008-2, passed 8-5-2008)



§ 152.010 EFFECTIVE DATE;

TRANSITIONAL PROVISIONS.


      (A)  Effective date. This chapter shall take effect after publication of the notice of adoption as provided by I.C. 36-7-4-701.


      (B)  Violations continue. Any violation under previous ordinances repealed by this chapter shall continue to be a violation under this chapter and be subject to penalties and enforcement under this chapter, unless the use, development, construction or other activity complies with the provisions of this chapter.


      (C)  Approved projects.


             (1)  Any Commission approval of a primary plat granted before the effective date of this chapter shall remain valid, provided that the secondary plat is approved within 120 days after the effective date.


             (2)  Any Commission approval of a secondary plat granted before the effective date of this chapter shall remain valid, provided that the secondary plat is recorded in the office of the County Recorder within 180 days after the effective date.


      (D) Complete applications.


             (1)  Any project for which a complete application was submitted and accepted by the county prior to the effective date of this chapter may, at the applicant’s option, be reviewed wholly under the terms of the previous Subdivision Control Ordinance. If approved, these projects may be carried out in accordance with the standards in effect at the time of application. Any re-application for an expired permit shall meet the standards in effect at the time of re-application.



32                                                   Jackson County - Land Usage



             (2)  Projects for which no application has been submitted and accepted as complete prior to the effective date of this chapter shall be subject to all requirements and standards of this chapter.

(Ord. 2008-2, passed 8-5-2008)



§ 152.011 PREPARATION BY SURVEYOR.


      (A)  All plats and surveys shall be prepared by or under the direct supervision of a professional land surveyor licensed in accordance with the laws of the state, who shall be responsible for the monumentation thereof.


      (B)  Infrastructure improvements shall be constructed in accordance with plans and specifications prepared by a licensed engineer or land surveyor and approved by the Commission. Unless otherwise specified in the subdivision agreement, the licensed person who prepared the infrastructure improvement drawings shall be responsible for the stakeout, inspection and certification of completion in accordance therewith.


             (1)  If the person specified in the subdivision improvement agreement is not able to perform this duty, he or she shall give notice by registered mail to the Commission and like notice to any person, firm or corporation guaranteeing the installation of the improvements.


             (2)  No work on the infrastructure improvements shall commence until a subdivision improvement agreement has been duly executed.

(Ord. 2008-2, passed 8-5-2008)



§ 152.012 MINIMUM STANDARDS.


      (A)  The standards contained in this chapter and in the Zoning Ordinance are minimum standards. In any case where another ordinance contains stricter or more stringent standards than those contained in this chapter, the stricter standards shall apply.


      (B)  The Commission may require stricter standards when, in the opinion of the Commission,


those stricter standards are needed to fulfill the intent and purpose of this chapter.

(Ord. 2008-2, passed 8-5-2008)



§ 152.013 COMPLIANCE REQUIRED FOR

PERMIT ISSUANCE.


      (A)  No building permit, improvement location permit or certificate of occupancy shall be issued for, nor any structural improvements be commenced upon, any parcel of land which was created by subdivision after the effective date of and not in conformity with the provisions of this chapter.


      (B)  No land shall be sold, leased or offered for sale or lease unless such is in conformity with the provisions of this chapter.


      (C)  No road shall be laid out or constructed unless it is consistent with the County Transportation Plan and/or has been approved by the Commission as part of a subdivision.

(Ord. 2008-2, passed 8-5-2008) Penalty, see § 152.999



§ 152.014 IMPROVEMENT LOCATION PERMITS.


      (A)  Improvement location permits. Within the jurisdiction of the Commission, no structure or improvement or use of land may be altered, changed, placed, erected or located on platted or unplatted lands, unless the structure, improvement or use, and its location, conform with the Master Plan and ordinance of the county or town, as may be applicable, and an improvement location permit for the structure, improvement or use has been issued. It is hereby declared that the intent of the permit requirements of the ordinance shall not prevail with respect to agricultural buildings and uses.


      (B)  Written application required. The Building Commissioner shall issue an improvement location permit upon written application, when the proposed structure, improvement or use and its location conform in all respects to the Master Plan of the


Subdivisions33



county or town, as may be applicable, and if the applicant has first obtained a private sewage disposal permit from the County Health Board when required.


      (C)  Site plan and fee.

 

             (1)  Site plan. Every application for an improvement location permit shall be accompanied by a site plan, or development plan, drawn to scale, showing: the legal or site description of the real estate involved; the location and size of all buildings and structures; the widths and length of all entrances and exits to and from that real estate; and all adjacent and adjoining roads or highways; and the manner in which the location is to be improved.


             (2)  Fee schedule–improvement location permit application. The filing fees, in amounts as determined by the Commission from time to time, are payable to the Building Commissioner for deposit in the General Fund of the county.


             (3)  Violations; fees, when double.


                   (a)  Should any person, co-partnership or any corporation begin work of any kind such as hereinbefore set forth, or for which a permit is required by ordinance, without having secured the necessary permit either previous to or during the day of commencement of any such work, or on the next succeeding day where the work is commenced on a Saturday or on a Sunday or on a holiday, he or she shall, when subsequently securing the permit, be required to pay double the fees hereinbefore provided for the permit, and shall be subject to all the penal provisions of this code.


                   (b)  The continued violation of any provision of this section shall be and constitute a separate offense for each and every day the violation shall continue.


      (D) Appeal. Any decision of the Building Commissioner concerning the issuance of an improvement location permit may be appealed to the Board of Zoning Appeals when the decision in question involves a requirement of the “County Zoning Ordinance (Town Zoning Ordinance), 1968”


or the Commission when the decision in question involves a requirement of other parts of the Master Plan, by any person claiming to be adversely affected by that decision.


      (E)  Review. A decision of the Commission may be reviewed by certiorari procedure as provided for the appeal of zoning cases from the Board of Zoning Appeals.


      (F)  Remedies.


             (1)  The Plan Commission, the Board of Zoning Appeals or any person may bring an action for injunction to restrain a person from violating the provisions of this section.


             (2)  Any structure erected, raised, or converted, or land or premises used in violation of I.C. 36-7-4 or this section is a common nuisance and the owner or possessor of the structure, land or premises is liable for maintaining a common nuisance.

(1983 Code, § 6-102-5) (Ord. passed 1-20-1969; Ord. 1985-3, passed - -) Penalty, see § 152.999



§ 152.015 PUBLIC FACILITIES PLAN.


      (A)  Map of public facilities. The Public Facilities Plan consists of a map entitled “Jackson County, Indiana (or Brownstown, or Crothersville, or Medora, as may be applicable), Public Facilities Plan”, dated 1968, which shows the location of proposed fire station sites and existing and proposed school, park or recreation sites within the jurisdiction of the Commission. The Public Facilities Plan is hereby declared to be a part of this section and notations, references, indications and other details shown therein are as much a part of this section as if they were fully described herein.


      (B)  Policy. Whenever sites for fire stations, schools, parks or other recreational areas are shown by the Public Facilities Plan to be located within an area proposed to be subdivided, in accordance with this chapter, the Commission may request their dedication for those purposes, or their reservation for a period of one year following the date of approval of


34                                                   Jackson County - Land Usage



the final plat, in order to carry out the policies exhibited in the Public Facilities Plan.


      (C)  Consideration by public agencies. The Board and all school corporations within the jurisdiction of the Commission shall be guided by and give consideration to the general policy and pattern of school and park or recreation development as set forth in the Public Facilities Plan in the authorization, construction, alteration or abandonment, and acceptance of schools, parks or recreation facilities.


      (D) Continuing authority of Commission. Subsequent to the passage of this section, the Commission may determine new sites and locations and alter or change existing sites and locations for schools and parks or recreation areas within the jurisdiction of the Commission, and certify to the Board the amended or additional plan under the same procedure as established for the certification and approval of the Public Facilities Plan.

(1983 Code, § 6-102-4) (Ord. passed 1-20-1969)




ADMINISTRATION



§ 152.025 ADMINISTRATION AND

DECISION-MAKING BODIES.


      (A)  Board of County Commissioners.


             (1)  In accordance with I.C. 36-7-4-701, the County Commissioners shall, in the Zoning Ordinance, designate the districts in which subdivision of land may occur.


             (2)  The County Commissioners shall adopt the Subdivision Control Ordinance and any amendments thereto.


             (3)  The County Commissioners shall accept appropriate performance guarantees, and maintenance guarantees, and shall take such actions as necessary to enforce the terms of those guarantees.



             (4)  The Board of County Commissioners shall accept dedications of rights-of-way or public improvements on behalf of the county.


      (B)  Plan Commission.


             (1)  In accordance with I.C. 36-7-4-701, after the Subdivision Control Ordinance is adopted, the County Plan Commission has exclusive authority over the approval of subdivisions. Note that the County Plan Commission does not have exclusive authority to approve subdivisions within the extra-territorial planning area of any municipality within the county; that authority belongs to the respective municipality.


             (2)  In accordance with I.C. 36-7-4-704, the Plan Commission shall adopt uniform fees proportioned to the cost of checking and verifying proposed plats.


             (3)  The Commission shall, in accordance with I.C. 36-7-4-705, establish uniform rules with regard to investigations and hearings and shall maintain accurate records of proceedings before the Commission.


             (4)  The Plan Commission shall appoint the members of the Plat Committee, as provided by I.C. 36-7-4-701 and the Commission’s Rules of Procedure.


             (5)  The Plan Commission shall appoint a Technical Review Committee to assist them with the review of proposed subdivisions. Membership and procedures of the Technical Review Committee shall be identified in the Commission’s Rules of Procedure. The Technical Review Committee may make a recommendation to the Plat Committee or the Plan Commission regarding a proposed subdivision.


             (6)  The Plan Commission shall conduct public hearings and make written findings as to whether the proposed subdivision complies with the standards of this chapter. If the subdivision complies, the Plan Commission shall grant primary approval to the subdivision. In granting primary approval, the Plan Commission shall attach such conditions as are




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necessary to ensure that the subdivision complies with the standards of this chapter. See the Rules of Procedure for the County Plan Commission.


             (7)  If the applicant submits a concept plan, the Plan Commission shall review the plan and offer guidance to the applicant as to the acceptability of the plan and its conformity to the standards of this chapter. The Plan Commission may approve the concept plan with or without conditions, or it may reject the concept plan and provide the applicant with the reasons for the rejection.


      (C)  Plat Committee.


             (1)  A Plat Committee is hereby established in accordance with I.C. 36-7-4-701. The membership shall be as described in the Plan Commission Rules of Procedure.


             (2)  The Plat Committee is authorized to grant primary approval, without notice or hearing, of a minor subdivision that complies in all respects with the standards of this chapter, subject to the right to appeal to the Plan Commission.


             (3)  The Plat Committee shall keep accurate records of its proceedings and shall operate in accordance with the Plan Commission Rules of Procedure.


      (D) Staff.


             (1)  The staff is hereby designated to administer and interpret this chapter. Any staff interpretation of this chapter may be appealed to the Plan Commission.


             (2)  The staff shall accept applications and filing fees for subdivisions.


             (3)  In accordance with I.C. 36-7-4-705, the staff shall review proposed subdivisions for technical conformity with the standards set forth in this chapter and shall set a date for a public hearing on each proposed subdivision.


             (4)  The staff is hereby authorized to grant secondary approval to minor subdivisions, provided that the staff finds that all conditions of primary approval have been met.

(Ord. 2008-2, passed 8-5-2008)



§ 152.026 AMENDMENTS.


      This chapter may be amended in accordance with I.C. 36-7-4-701.

(Ord. 2008-2, passed 8-5-2008)



§ 152.027 MODIFICATIONS.


      (A)  The Commission may grant such modifications to the requirements and standards of this chapter as will not be contrary to the public interest, where owing to extraordinary conditions, fully demonstrated by the applicant on the basis of facts presented, strict compliance with the provisions of this chapter will result in practical difficulties or misuse of property.


             (1)  It is the intent of this chapter that this authority will be used sparingly and only when the applicant has clearly demonstrated that all criteria listed below are met.


             (2)  The burden of proof is on the applicant.


             (3)  In the exercise of its authority under this section, the Commission shall grant modifications only upon finding that all of the following criteria are met:


                   (a)  The modification will not be detrimental to the public health, safety or general welfare;


                   (b)  The modification will not adversely affect adjacent property;


                   (c)  The modification is justified because of exceptional topographic or other physical conditions unique to the property involved and is not


2014 S-2


36                                                   Jackson County - Land Usage



to correct mere inconvenience or financial disadvantage;


                   (d)  The conditions upon which the modification request is based are unique to the property for which the relief is sought and are not applicable generally to other property;


                   (e)  The modification is consistent with the intent and purposes of this chapter and with the Comprehensive Plan; and


                   (f)   The condition necessitating the modification was not created by the owner or applicant.


             (4)  The relief sought will not in any manner vary the provisions of the Zoning Ordinance.


             (5)  The Plan Commission shall not approve modifications unless it shall make findings based upon the evidence presented to it by the applicant, as addressed on the prescribed PC form.


      (B)  In granting modifications, the Commission may require such conditions as will, in its judgment secure substantially the purposes of this chapter.


      (C)  A request for a modification from the terms of this chapter shall be submitted in writing at the time when the subdivision is filed with the Commission for consideration for primary approval. The request shall state fully the grounds for the application and all facts relied upon by the applicant. If during the course of their review, the Technical Review Committee or the staff discovers the need for a modification, the Building Commissioner shall inform the applicant and give him or her the option of applying for the modification.


      (D) It is not within the jurisdiction of the BZA to grant modifications or variances to these subdivision regulations.

(Ord. 2008-2, passed 8-5-2008)




§ 152.028 APPEALS.


      Any person aggrieved by a decision of the PC relating to the Subdivision Control Ordinance may appeal the decision to the County Circuit Court as provided by state law. The appeal shall be filed within 30 days of the date of the decision upon which the grievance is based.

(Ord. 2008-2, passed 8-5-2008)

Statutory reference:

      A Plan Commission’s final decision on a

        subdivision may be reviewed by certiorari

        procedure, see I.C. 36-7-4-1016



§ 152.029 EXEMPT SUBDIVISIONS.


      (A)  Purpose and intent. It is the intent of this section to provide a streamlined procedure for simple subdivisions or changes in lot lines. Those divisions of land or resubdivisions that do not substantially affect the Comprehensive Plan, do not require extensions of streets or utilities, and have minimal impact on the development pattern of the county are exempt from the requirements for Plan Commission or Plat Committee approval.


      (B)  Applicability. The provisions of this section apply to the following divisions, which are classified as exempt for the purposes of this chapter:


             (1)  The division of land into no more than three parcels, sites or lots of at least one acre, not involving any new streets or access easements, provided that:


                   (a)  Proof is provided that each parcel, site or lot created can support two subsurface on-site sewage disposal sites or one reparable on-site sewage system according to the County Health Department;


                   (b)  Each parcel complies with the minimum lot size and all other applicable Zoning Ordinance requirements; and


                   (c)  Each parcel has 50 feet minimum frontage with a minimum lot width of 150 feet, as measured at the front building setback line.




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             (2)  The division of land into no more than three parcels, sites or lots of at least five acres, not involving any new streets or access easements, provided that the parcels, sites or lots are labeled “unbuildable,” unless proof is provided that each parcel, site or lot created can support two septic field sites according to the County Health Department;


             (3)  A resubdivision which involves only the removal of interior lot lines, with the outside perimeter of the property remaining unchanged, resulting in fewer parcels than were contained in the original parcel;


             (4)  A resubdivision which involves only the changing of notations written on the plat or correction of errors thereon;


             (5)  A division of land pursuant to an allocation of land by court decree;


             (6)  The division of land into cemetery plots;


             (7)  A resubdivision to correct errors in an existing legal description, provided that no additional building lots are created;


             (8)  A division of land for the sale or exchange of tracts between adjoining land owners, provided that no additional building sites are created, and that each land owner provides a new property description, prepared by a licensed, registered land surveyor, so no new tax parcel is created;


             (9)  A division or resubdivision of land for the acquisition by the public or by a utility for street right-of-way or easement; and


           (10)  A division of land for the purpose of agriculture, as long as parcels are labeled as “unbuildable.”


      (C)  Limitations.


             (1)  In no case shall more than three parcels be created from a parent tract utilizing this exempt subdivision process. A parent tract shall be considered


as a parcel that is in existence at the time of the passage of this chapter. Subdivision of parcels shall be considered cumulative over time.


             (2)  An exempt subdivision shall not gain access from an access easement.


      (D) Standards.


             (1)  The applicant shall provide for all proposed undeveloped parcels, except those labeled as “unbuildable,” proof of preliminary septic approval from the County Health Department.


             (2)  All proposed exempt subdivisions shall be submitted with a survey and a legal description prepared by a land surveyor.


             (3)  A parent tract shall be a tract that is legally in existence at the time of passage of this chapter, according to county records.


      (E)  Approval and recording.


             (1)  All exempt subdivisions shall be submitted to the County Building Commissioner for review.


             (2)  If the Building Commissioner determines that the proposed subdivision meets the standards to be exempt from the subdivision plat process, he or she shall stamp the exempt subdivision as “approved.” The County Auditor shall not accept an exempt subdivision for recording unless it has been stamped as approved by the Building Commissioner.

(Ord. 2008-2, passed 8-5-2008)




MINOR SUBDIVISIONS



§ 152.040. GENERAL.


      (A)  Purpose and intent. The purpose of a minor subdivision is to provide a simplified review and approval procedure for certain land divisions. Minor subdivisions require primary and secondary approval,


38                                                   Jackson County - Land Usage



in accordance with the procedures set forth in the County Plan Commission Rules of Procedure.


      (B)  Applicability.


             (1)  A proposed subdivision may be processed under the provisions of this section if there will be no opening of new public streets or substantial improvement to existing streets, if water or sewer utilities are not being extended, and if the proposed subdivision complies in all respects with the provisions of this chapter.


             (2)  The minor subdivision procedure may be used to create no more than seven lots from a single parent tract over any period of time.


             (3)  Additional lots will require submission of a major subdivision. After a subdivision request has been filed, the Planning Director shall determine whether the petition may be considered as a minor subdivision. The Planning Director’s decision may be appealed to the Commission.


      (C)  Eligibility. Before determining that a subdivision is eligible to be considered under this chapter, the Planning Director shall find that all of the following criteria are satisfied.


                   (a)  Orderly development. The sub-division will not impede orderly development of land or the provision of public services and improvements.


                        1.     The subdivision will not interfere with the implementation of the Comprehensive Plan.


                        2.     The subdivision will not interfere with the provision of roads to provide access to adjoining or nearby property in the event that the property is developed in the future.


                   (b)  Utilities and drainage. All parcels in the subdivision will have adequate utilities and drainage.


                        1.     All lots shall be served by a sanitary sewer or other sewerage system approved by


the State Department of Health, or they shall have the capability to contain sites for two subsurface disposal systems which comply with all requirements of the State Department of Health and the County Health Department. Any subdivision of land that requires the extension of existing sewers or the construction of new treatment facilities shall be considered as a major subdivision. If extension of sewer service is found to be a feasible alternative and is desirable because of soil conditions, topography, lot sizes or other factors, the petition shall be considered as a major subdivision.


                        2.     All lots shall be served by a public or quasi-public water system or shall have the capability to contain a well, which complies with all requirements of the State Department of Health and the County Health Department.


                        3.     All lots shall be provided with drainage improvements as necessary to comply with the requirements this chapter.


                   (c)  Access. All parcels in the subdivision and adjacent land will have adequate ingress and egress without the construction of any new streets or substantial improvement to existing streets.


                        1.     All lots will have legal access to a platted private street or to a public street which has been accepted for maintenance by, or has been continuously maintained for a period of ten years immediately preceding the filing of the subdivision, by a public agency regularly having responsibility for the maintenance. The public street also has a gravel or hard surface suitable for vehicular traffic which is at least 18 feet of pavement or gravel in width along the lot frontage(s), is in good repair, and has a geometry which is suitable for the traffic which it will carry after the proposed subdivision.


                        2.     Frontage on limited access streets on which driveways cannot open shall not constitute legal access.


                        3.     If by reason of topography, natural or human-made features, or other conditions relating to the property requested for subdivision,


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better access can be provided through construction of a new street, the petition shall be considered as a major subdivision.


                        4.     All lots will have driveway locations that will provide for adequate sight distance and will be properly spaced according to county standards.


                        5.     Land adjacent to the property involved in the subdivision also will have adequate access according to the criteria contained in this section.


                        6.     All access easements shall be 50 feet wide minimum.


                   (d)  Suitability. All lots in the subdivision will provide suitable building sites for the purpose for which the land is to be used. Land suitability shall be determined by the criteria contained in this chapter.


                   (e)  Endangerment. The subdivision will not be detrimental to nor endanger the public health, safety or general welfare.


      (D) Filing.


             (1)  An application for approval of a minor subdivision shall be filed with the office of the Building Commissioner on forms specified by that office.


             (2)  Applications for minor subdivisions shall contain all required materials as specified in the Plan Commission Rules of Procedure.

(Ord. 2008-2, passed 8-5-2008)

Editor’s note:

      I.C. 36-7-4-701(d) states that the Plan

        Commission may delegate primary approval

        authority for some subdivisions to the

        Commission’s Plat Committee. Jackson

        County’s Minor Subdivision qualifies for this

        method of approval.




§ 152.041 PRIMARY APPROVAL.


      (A)  Submission. All subdivisions of land meeting the definition of “subdivision, minor” in § 152.005 above may be submitted to the Plat Committee or Commission for primary approval as specified in this section.


      (B)  Required submission materials. All requests for primary approval of a minor subdivision shall be submitted with the items listed in this section.


             (1)  Filing fee. Each minor subdivision submitted for review shall be accompanied by the required filing fee as established by the Commission.


             (2)  Primary plat. An original drawing prepared by a registered public surveyor, in accordance with the survey and drafting standards set forth in this chapter and copies (with the number to be specified by the Commission) showing the following:


                   (a)  Legal description of the subdivision;


                   (b)  Bar scale (the scale shall be 50 feet to the inch or larger, unless the property involved in the subdivision is of a size or shape which requires a smaller scale to fit on the required sheet size, in which case another scale approved by the Commission may be used);


                   (c)  Lot numbers, dimensions and sizes in square feet or acres;


                   (d)  Boundary lines of floodway and floodway fringe areas on each lot as scaled from the floodplain district maps of current adoption by the county, appropriately labeled;


                   (e)  Any easements (existing or proposed, including but not limited to utility easements, drainage easements, access easements and the like), legal drains and easements to be vacated by the subdivision with notations regarding the vacation;


                   (f)   Rights-of-way as established by the Transportation Plan;



40                                                   Jackson County - Land Usage



                   (g)  Location map;


                   (h)  All applicable certificates and notations as contained in this chapter; and


                   (i)   For subdivisions containing land with a slope of 10% or greater as determined by the soil survey of the county, the topography as shown on the U.S.G.S. quad sheets. The topography may be shown on a separate print, but it shall be shown at a scale no smaller than one inch equals 300 feet.


             (3)  Supporting material. The following supporting material shall be submitted with the minor plat:


                   (a)  One application, on forms specified by the Commission;


                   (b)  A list specifically citing any requirements of this chapter for which modifications are requested;


                   (c)  The names and addresses of all interested parties as defined by this chapter, keyed to a map;


                   (d)  A map showing all significant topographical and other physical features, including water bodies, existing buildings, alleys, streets or other information that will aid in the location of the property for site visits;


                   (e)  Evidence that a sewerage permit can be obtained from the County Health Department or evidence that other acceptable sewer and/or water service is available to all building lots in the subdivision;


                   (f)   Documentation sufficient to show that all applicable design standards of this chapter are met by the proposed subdivision;


                   (g)  Erosion control plan, if necessary to comply with the design standards of this chapter;


                   (h)  Drainage plan, if necessary to comply with the design standards of this chapter;



                   (i)   If there is a parent tract remainder, a drawing showing the property involved in the petition and the remainder. The drawing should include average and percentage dimensions on the AG remainder;


                   (j)   Any covenants or other restrictions that will run with the land included in the subdivision; and


                   (k)  If any lot in a minor subdivision is to receive its access from a state highway, evidence that a driveway permit can be issued by the State Department of Transportation shall be submitted.


      (C)  Length of approval. Primary approval of a minor subdivision shall be valid for 120 days, unless the Plat Committee or Commission grants an extension. If secondary approval is not granted before the expiration of 120 days, the primary approval shall be null and void.

(Ord. 2008-2, passed 8-5-2008)



§ 152.042 SECONDARY APPROVAL.


      (A)  General. After all conditions of primary approval have been met, the applicant may request secondary approval.


      (B)  Required submission materials. All requests for secondary approval shall be accompanied by the materials listed in this section, including an original drawing (which may be the same drawing submitted for primary approval) prepared in accordance with the standards set forth in this chapter.


      (C)  Supporting material. Documentation sufficient to show that all conditions of approval by the Commission have been met.


      (D) Length of approval. Secondary approval of a minor subdivision shall be valid for a period of one year from the date of the approval. If the subdivision is not recorded before the expiration of one year, it shall become null and void.

(Ord. 2008-2, passed 8-5-2008)




Subdivisions41



§ 152.043 MINOR SUBDIVISION REVIEW

PROCESS.


      (A)  Primary approval by Plat Committee.


             (1)  The Plan Commission hereby establishes a plat committee to review and decide petitions for minor subdivisions.


             (2)  The Plat Committee process is as follows.


                   (a)  Application and fees. The application and supporting materials shall be filed with the Planning Building Commissioner. The fee as set by the Commission shall be paid at the time of the filing.


                   (b)  Review. The Committee shall review the plat for compliance with the subdivision control ordinance.


                   (c)  Action. Action by the Plat Committee shall be by a majority vote.


                   (d)  Public notice. Approval may be granted by the Plat Committee without public notice and hearing. Within ten days after approval the applicant shall provide due notification by mail to adjacent property owners and the petitioners. The notice shall include a notification of the right to appeal the Committee’s decision.


                   (e)  Comment period. A notice of appeal must be filed with the office of the Building Commissioner within ten days after a copy of notice is mailed.


                   (f)   Appeals. Appeals shall be governed as set forth in this chapter.


                   (g)  Approval certificate. The Chairperson and Secretary of the Plat Committee are authorized to sign the approval plat.


      (B)  Primary approval by Plan Commission. If the Plat Committee denies an application for a minor plat or the staff or committee refers the minor plat


application to the Plan Commission, the following review process shall apply.


             (1)  Application. An application for primary approval of a minor subdivision shall be filed at the office of the Building Commissioner on forms specified by the Commission together with all required materials in accordance with the filing schedule.


             (2)  Placement on agenda. Complete applications will be docketed for a public hearing before the Commission. The applicant will be notified of the time and place of the hearing.


             (3)  Administrative review. Prior to the meeting, the Building Commissioner and the Subdivision Review Committee will review the application for compliance with this chapter. The Building Commissioner will send a copy of its written analysis of the proposal to the Commission and the applicant prior to the public hearing.


             (4)  Field trip. The Commission and its representatives, at its discretion, and in compliance with Indiana’s Open Door Law, being I.C. 5-14-1.5-1 et seq., may visit the site any time during the review process.


             (5)  Public hearing notice. The Commission shall hold a public hearing on the primary approval of the minor subdivision. At least ten days before the hearing, notice of the hearing shall be in the local newspaper of general circulation and sent by mail to interested property owners as defined in the Commission’s rules.


             (6)  Public hearing. At the public hearing, the request will be presented, and all those present will be given an opportunity to be heard regarding the proposal. The hearing may, at the discretion of the Commission, be continued to another date. Additional notice of a continued hearing is not required, but may be requested by the Commission.


             (7)  Decision by Commission.


                   (a)  After the public hearing has been concluded, the Commission will make a decision regarding the application.




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                   (b)  The Commission shall make findings of fact as to the compliance of the subdivision request with the terms of this chapter.

 

                   (c)  The Commission may approve, approve with conditions or deny the request.

 

                   (d)  If the Commission denies the request, it shall make written findings that set forth its reasons.

 

                        1.     If the Commission grants primary approval, two officers of the Commission shall sign the primary approval certificate.

 

                        2.     The Building Commissioner will provide the applicant a written record of the findings of the Commission and the Building Commissioner shall provide the applicant with a copy.

 

      (C)  Secondary approval procedure.

 

             (1)  Application. After all conditions of primary approval have been met, the applicant may request secondary approval. An application for secondary approval shall be filed at the office of the Building Commissioner on forms specified by the Commission together with any supporting documents required by the Commission to provide evidence that all conditions of primary approval have been met.

 

             (2)  Determination of conformance. The Building Commissioner will review the request for secondary approval and make a timely determination on its compliance with the primary approval and conditions.

 

             (3)  Changes after primary approval. If a subdivision plat deviates in any way except for corrective details from the one receiving primary approval with the approved conditions, the subdivision will not receive secondary approval. Any changes in the approved plans must be submitted to the Commission or Plat Committee, unless the changes qualify as an exempt subdivision.

 

             (4)  Board of County Commissioners. Subdivisions involving dedication of right-of-way to the public requires action by the County Commissioners.


             (5)  Signature and seal. After the Building Commissioner has determined that the secondary plat complies with the conditions of approval of the Commission and the County Commissioners have accepted any public dedications, improvements and/or guarantees of performance, secondary approval shall be given by the Building Commissioner and the Commission seal affixed to the secondary plat.


             (6)   Recording. The secondary plat must be recorded in the County Recorder’s office prior to the expiration date or it will be null and void.

(Ord. 2008-2, passed 8-5-2008)



§ 152.044 AMENDMENT.


      If the applicant desires to make changes to a minor subdivision that has received primary approval from the Plat Committee, the applicant shall follow the same procedure as for the initial approval.

(Ord. 2008-2, passed 8-5-2008)



§ 152.045 APPEAL.


      A final decision of the Plat Committee including the imposition of conditions, may be appealed by the applicant or other interested party to the Plan Commission in accordance with the provisions of I.C. 36-7-4-700 et seq. or other applicable law or statute. In accordance with I.C. 36-7-4-708, any appeal must be filed in writing within ten days after the notice of Plat Committee action is mailed to interested parties.

(Ord. 2008-2, passed 8-5-2008)

Statutory reference:

      I.C. 36-7-4-708 now requires that an appeal must

        be filed in writing within five days after the

        notice of Plat Committee action is mailed

        to interested parties.



§ 152.046 RECORDING.


      The approved drawing of the minor plat must be recorded in the office of the County Recorder within the time limit established in this chapter, or the approval will be null and void.

(Ord. 2008-2, passed 8-5-2008)


2014 S-2


Subdivisions43



MAJOR SUBDIVISIONS



§ 152.060 GENERAL.


      (A)  Purpose and intent. The purpose of the major subdivision procedure is to ensure that new development is consistent with the Comprehensive Plan and with the standards of this chapter, to ensure that new developments will have adequate roads, utilities and other infrastructure elements, and to ensure satisfactory completion of all required improvements. Major subdivisions require a public hearing, and primary and secondary approval in accordance with the procedures set forth in the County Plan Commission Rules of Procedure.


      (B)  Applicability. Any subdivision that does not meet the requirements to be considered as an exempt or a minor subdivision shall be subject to the requirements applicable to major subdivisions.


      (C)  Filing.


             (1)  The required concept plan shall be filed with the office of the Building Commissioner with any forms approved by the Plan Commission.


             (2)  An application for primary approval of a major subdivision shall be filed with the office of the Building Commissioner on forms specified.


             (3)  Applications for major subdivisions shall contain all required materials as specified in this chapter.

(Ord. 2008-2, passed 8-5-2008)



§ 152.061 CONCEPT PLAN.


      (A)  General. Major subdivisions require primary approval by the Commission and secondary approval by the official designated in this chapter. Before filing a major subdivision, applicants are required to present conceptual plans for the subdivision to the Commission for approval. The Plat Committee shall review the concept plan and provide comments to the Plan Commission before the Commission’s discussion.


Replats that require extension of streets or utilities shall be considered major subdivisions.


      (B)  Concept plan.


             (1)  Purpose.


                   (a)  In order to assist the applicant in preparing an acceptable major subdivision proposal, the Commission shall review and discuss with the applicant and/or his or her representatives a concept plan.


                   (b)  The purpose of this discussion is to enable the applicant to receive guidance from the Commission as to the suitability of the land for the development proposed and as to the pattern of development the Commission considers to be in the best interest of the county.


                   (c)  The applicant may bring more than one alternative layout of lots and streets. Accurate surveys and detailed engineering data are not required nor recommended at this stage in the subdivision process.


             (2)  Required submission materials. All applications for concept plan review shall be accompanied by the materials listed in this section:


                   (a)  Filing fee. Each concept plan submitted for review shall be accompanied by the required filing fee as established by the Commission; and


                   (b)  Concept plan contents. The following materials shall be submitted for the Commission’s review:


                        1.     Twelve copies of a legible map with an approximate scale no smaller than one inch equals 200 feet, with approximate ten-foot contours;


                        2.     Proposed name of the subdivision;


                        3.     North arrow and date;



44                                                   Jackson County - Land Usage



                        4.     Approximate site boundary;


                        5.     Existing land use and zoning on the site and on the adjacent property, unless it is owned by the same owner, then go to an additional property;


                        6.     Existing traffic and circulation pattern;


                        7.     General soil classifications and existing drainage patterns;


                        8.     Any significant natural features of the site, such as streams, ponds, floodplains, wooded areas or structures;


                        9.     Show existing utilities on-site and utilities that will be serving or surrounding the site within one-half mile, 300 feet from property line for water/sewer, show gas pipelines within one-half mile;


                       10.     Areas proposed for development, proposed uses, areas reserved for future development, and tentative street layout. This drawing shall show all contiguous holdings of the owner with an indication of the portion that is proposed to be subdivided; and


                       11.     Areas reserved for open space recreation, common areas, including centralized on-site sewer areas or retention areas.


             (3)  Commission consideration. Before providing guidance to the applicant regarding the proposed subdivision, the Commission shall give consideration to the following:


                   (a)  The arrangement, location and width of streets in relation to the topography of the land, safety and ease of circulation, and relationship to neighboring property;


                   (b)  Lot sizes and arrangement in relation to the topography and other characteristics of the land and in relation to neighboring property;


                   (c)  Drainage, both on-site and within the general area;


                   (d)  Sewage disposal, water supply and other utilities; and


                   (e)  The relationship of the proposed subdivision to the Zoning Ordinance and the Comprehensive Plan.


      (C)  Approval.


             (1)  The concept plan approval shall be valid for a period of one year from the date of the approval. If the applicant fails to apply for primary approval before one year, the approval shall be null and void, and a new concept plan must be approved before primary approval can be given.


             (2)  After the recording of a secondary plat for any portion of the development, an approved concept plan shall not expire for a period of five years, unless an extension is granted. Modifications to the concept plan may be made only with approval from the Commission.

(Ord. 2008-2, passed 8-5-2008)



§ 152.062 PRIMARY APPROVAL.


      (A)  Application. After receiving the written record of the discussion of the concept plan, the applicant may request primary approval as specified in I.C. 36-7-4-703.


      (B)  Approval. If the Commission approves development in phases under the terms of this chapter, the primary plat may be for only the first phase of the subdivision.


      (C)  Required submission materials. An application for primary approval shall be accompanied by all materials specified in this section:


             (1)  Filing fee as established by the Commission;


             (2)  An applicant for primary approval shall submit a set of drawings conforming to the survey and drafting standards contained in this chapter, except that scalar rather than computed dimensions may be shown and copies (with the number to be specified by


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the Commission) of the drawing(s) showing the following:


                   (a)  Legal description of the subdivision;


                   (b)  Bar scale (the scale shall be 50 feet to the inch or larger, unless the property involved in the subdivision is of a size or shape which requires a smaller scale to fit on a 24 inches by 36 inches sheet size, in which case another scale approved by the Building Commissioner may be used);


                   (c)  Lot numbers, scalar layout, dimensions and sizes in square feet or acres;


                   (d)  Accurate locations of all existing and platted streets intersecting the boundaries of the tract;


                   (e)  Existing property lines and interior deed lines, and source of the owner’s title to the land as shown by the last entry in the records of the County Recorder;


                   (f)   All applicable certificates and notations as required by this chapter;


                   (g)  Accurate locations and dimensions of any property to be dedicated to the public or reserved for public, semi-public or common use;


                   (h)  Street rights-of-way as established by the Official Thoroughfare Plan of the county;


                   (i)   Topographic contours at vertical intervals of five feet for areas containing land with 10% slope or greater, and at intervals of two feet for areas containing land with less than 10%. The topography may be shown on a separate print, but it shall be shown at the same scale as the original plat;


                   (j)   Delineation of floodplain boundaries, according to the official Federal Emergency Management Agency’s federal insurance rate map, indicating the classification of each floodplain area;



                   (k)  Location, size, elevation and other appropriate description of all existing or proposed permanent features, either natural or human-made, including but not limited to streets, sewers, drains, water bodies, swamps or other wetlands, railroads, transmission towers, existing structures, county ditches, legal drains, water mains, culverts, utility lines, street lights, fire hydrants, drainage structures and significant topographic features. Water elevations of adjoining lakes and streams at the date of the survey and the approximate high and low water elevations. All elevations shall be referred to the U.S.G.S. datum plane;


                   (l)   Location of pedestrian circulation system, if any, and the materials to be used for the system; and


                   (m) Delineation of the phases, if any, of the development, indicating the lots and improvements to be included in each phase.


             (3)  An applicant for primary approval shall submit the following supporting material with the primary plat:


                   (a)  One application, on forms specified by the Commission;


                   (b)  Proof of notification of all interested parties as defined by this chapter;


                   (c)  Preliminary erosion control plan;


                   (d)  Preliminary sewage disposal plan;


                   (e)  Preliminary drainage plan and report;


                   (f)   Copies of all restrictions and/or covenants that will run with the land;


                   (g)  Zoning classifications of the property included in the subdivision and on adjacent parcels;


                   (h)  Preliminary plans for any required improvements to existing county roads; and



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                   (i)   For any improvements or systems which are to be owned and/or maintained by the property owners in the subdivision, a plan for establishing the ownership and for providing and financing the maintenance. Documents and/or plans submitted under this section are subject to determination by the Commission that they are adequate to ensure that the county will not be held responsible in the future for the maintenance.


             (4)  Sewage system approval:


                   (a)  If the development is to contain individual on-site sewage disposal systems, the applicant must show that the design criteria in this chapter are met, and in addition, the applicant must provide for each lot a certificate from the County Health Department indicating that either a reparable mound system or two subsurface systems can be installed on the property and detailing any conditions to be placed upon the installation. The Commission may require these conditions to be recorded as part of the approved subdivision;


                   (b)  If the development is to be served by a public or semi-public sewer system, the applicant must provide evidence that the system has the capacity and capability to serve the development and guarantees of a sufficient number of hook-ons to serve all lots in the subdivision; and


                   (c)  If the development is to be served by a private system, the applicant must provide a plan that shows that there are arrangements to ensure continued operation and maintenance of the system. An example of a public system would be the City of Seymour’s utilities.


             (5)  A list specifically citing any requirements of this chapter for which modifications are requested and the reasons for the request; and


             (6)  Documentation sufficient to show that all design standards as set forth in this chapter are met.


      (D) Approval. A major subdivision may receive primary approval as submitted or approved with


conditions as directed by Plan Commission. Approval shall be valid for a period of one year from the date of the approval. If the applicant fails to apply for final approval before the expiration of one year the approval shall be null and void. If the Commission approves development in phases, after the approval of the secondary for any phase of the development, the primary approval shall not expire for a period of three years. Modifications to the primary plat may be made only with approval from the Commission.

(Ord. 2008-2, passed 8-5-2008)

Cross-reference:

      For more information regarding the county’s

        standards, see §§ 152.100 and 152.101



§ 152.063 SECONDARY APPROVAL.


      After all conditions of primary approval have been met, a secondary plat that meets those conditions may be submitted for secondary approval.


      (A)  Required submission materials. An appli-cation for secondary approval shall be accompanied by all materials specified in this section.


             (1)  Secondary plat. An applicant for secondary approval shall submit original drawings prepared by a registered land surveyor in accordance with the standards set forth in this chapter, and copies (with the number to be specified by the Commission) showing all information listed above (with computed lot dimensions and sizes) in accordance with the Commission’s approval.


             (2)  Final improvement plans. An applicant for secondary approval shall submit drawings detailing all improvements to be installed as approved by the Commission. These drawings shall contain all applicable notations and certificates as specified in this chapter.


             (3)  Supporting material. An applicant for secondary approval shall provide documentation sufficient to show that all conditions of approval by the Commission have been met.



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      (B)  Length of approval. Secondary approval shall be valid for 18 months from the date of the approval.


      (C)  Extensions. The Commission may grant a maximum of three extensions of time, with each extension not to exceed 18 months, only if the applicant demonstrates to the Commission’s satisfaction that there are extenuating circumstances that necessitate or justify the extension. The applicant must request the extension before the expiration of the approval period.

(Ord. 2008-2, passed 8-5-2008)



§ 152.064 MAJOR SUBDIVISION APPROVAL

PROCESS.


      This section applies to any subdivision that is deemed to be a major subdivision under the terms of this chapter.


      (A)  Concept plan procedure.


             (1)  Application. An application for concept plan consideration shall be filed on forms specified by the Commission together with all required materials in accordance with the filing schedule.


             (2)  Placement on the Commission agenda. Complete applications will be docketed for consideration by the Commission. The applicant will be notified of the time and place of the meeting at which the concept plan will be discussed.


             (3)  Administrative review. Prior to the Commission meeting, the office of the Building Commissioner will review the concept plan. Comments on the plan may be requested by the Building Commissioner from the Subdivision Review Committee and by such other persons as the Commission deems appropriate.


             (4)  Public meeting. The Commission shall review the proposed concept plan at a public meeting. The Building Commissioner will present comments on the plan to the Commission. The Commission will


discuss the plan and provide guidance to the applicant as to the suitability of the land for subdivision and the design and layout of lots and improvements.


             (5)  Commission action.


                   (a)  The Commission shall by a motion duly made and seconded approve, deny or continue the concept plan. Approvals may be conditioned upon design changes.


                   (b)  Any motion to continue must include guidance to the applicant as to the type(s) of information and/or changes the Commission requires in order to arrive at a decision. Any motion to deny must include reasons for the denial.


                   (c)  The approved concept plan shall contain the signature of the presiding officer of the Commission and shall be kept on file at the office of the Building Commissioner.


             (6)  Written record. The Commission will provide a written record to the applicant on the discussion within 30 days after the meeting(s) at which the concept plan is discussed.


      (B)  Primary approval procedure.


             (1)  Application. After receiving the written record of the discussion of the concept plan, the applicant may request primary approval. An application for primary approval shall be filed at the office of the Building Commissioner on forms specified by the Building Commissioner together with all required materials in accordance with filing schedule.


             (2)  Placement on Commission agenda. Complete applications for the primary approval will be docketed for a public hearing before the Commission. The applicant will be notified of the time and place of the hearing.


             (3)  Administrative review. Prior to meeting, the Building Commissioner and the Subdivision Review Committee will review the application for


48                                                   Jackson County - Land Usage



compliance with this chapter. The Building Commissioner will send a copy of the written analysis of the proposal to the Commission and applicant prior to the public hearing.


             (4)  Field trip. The Commission and its representatives, at its discretion, and in accordance with Indiana’s Open Door Law, being I.C. 5-14-1.5-1 et seq., may visit the site any time during the review process.


             (5)  Public hearing notification. Within 30 days after receiving the application, the Building Commissioner shall announce the date of a public hearing before the Commission. At least ten days before the hearing, notice of the hearing shall be published in accordance with I.C. 5-3-1 and sent by the applicant in the manner specified by the Commission’s Rules of Procedure to interested property owners as defined in this chapter.


             (6)  Public hearing. At the public hearing, the request will be presented, and all those present will make a decision regarding the application. The hearing may, at the discretion of the Commission, be continued to another date. Additional notice of a continued hearing is not required, but may be requested by the Commission.


             (7)  Decision by Commission. After the public hearing has been concluded, the Commission will make a decision regarding the application. The Commission shall make findings of fact as to the compliance of the subdivision request with the terms of this chapter. The Commission may approve, approve with conditions, or deny the request. If the Commission disapproves the subdivision, it shall make written findings that set forth its reason, the Building Commissioner shall sign the decision, and the Building Commissioner shall provide the applicant with a copy.


             (8)  Signature. If the Commission grants primary approval, two officers of the Commission shall sign the primary certificate.



      (C)  Secondary approval procedure.


             (1)  Application. After all conditions of primary approval have been met, the applicant may request secondary approval. An application for secondary approval shall be filed at the office of the Building Commissioner on forms specified by the Commission together with any supporting documents required by the Commission to provide sufficient evidence that all conditions of primary approval have been met.


             (2)  Determination of conformance. The Building Commissioner will review the request for secondary approval and make a timely determination on its compliance with the primary approval and conditions.


             (3)  Changes after primary approval. If a major subdivision plat deviates from the one receiving primary approval with the approved conditions, the subdivision will not receive secondary approval. Substantial changes in the approved plans must be submitted to the Commission.


             (4)  Subdivision improvement agreement. Subdivisions involving public improvements or dedication of land to the public require preparation of a subdivision improvement agreement by the applicant and the acceptance of the agreement by the county commissioners.


             (5)  County Commissioners’ acceptance. Subdivisions involving public improvements or dedication of land to the public require acceptance by the Board of County Commissioners. The improvements must be installed in accordance with the approved plans or guarantees of performance as specified in this chapter.


             (6)  Signature and seal. After the Building Commissioner has determined that the secondary plat complies with the conditions of approval of the Commission and the Board of County Commissioners has accepted any public dedications, improvements and/or guarantees of performance, secondary approval shall be given by the Building Official, the


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Commission seal affixed to the secondary plat, and the Building Official shall sign the improvement plans.


             (7)  Recording. The secondary plat must be recorded in the County Recorder’s office prior to the expiration date or it will be null and void.

(Ord. 2008-2, passed 8-5-2008)



§ 152.065 PHASES.


      (A)  The Commission may allow a subdivision to be developed in phases. The applicant shall request phasing at the time of filing for primary approval. If the Commission approves the development to be completed in phases, secondary approval of each phase shall automatically extend the deadline for secondary approval of subsequent phases for an additional three years.


      (B)  In reviewing a request for phased development, the Commission shall consider the factors listed in this section:


             (1)  Design standards. The relationship of the number and configuration of the lots in each phase shall conform to the design standards of this chapter;


             (2)  Improvements. The improvements in each phase shall be adequate to serve the lots to be developed in that phase. In no case shall the Commission approve a phasing plan in which any phase is dependent upon improvements proposed to be made in a future phase; and


             (3)  Non-completion of subdivision. The Commission shall attempt to ensure that each phase of the subdivision will conform to the intent and purposes of this chapter in the event that some phases are not completed.

(Ord. 2008-2, passed 8-5-2008)



§ 152.066 RECORDING.


      The approved drawing of the secondary plat must be recorded in the office of the County Recorder


within the time limit established in this chapter, or the approval will be null and void.

(Ord. 2008-2, passed 8-5-2008)




CONSERVATION SUBDIVISIONS



§ 152.080 PURPOSE.


      This subchapter is intended to encourage environmentally sound planning to protect open space and natural resources, and create attractive living environments, and through creative placement of dwelling units, discourage consumption of scenic, forested, agricultural and recreational land for development, thus maintaining the rural character of the county and advancing the goals stated in the Comprehensive Plan.

(Ord. 2008-2, passed 8-5-2008)



§ 152.081 OBJECTIVES.


      The objectives of this subchapter are:


      (A)  To maintain rural character, preserving farmland, forests and maintaining rural views;


      (B)  To preserve those areas of the site with the highest value for conservation purposes;


      (C)  To locate buildings and structures on those portions of the site that are the most appropriate for development considering both the development suitability of the site and its conservation value;


      (D) To preserve identified historic, known archeological and identified cultural features located on the site;


      (E)  To create contiguous network of open spaces or “greenways” by linking the common open spaces within the subdivision and to open space on adjoining lands wherever possible;



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      (F)  To reduce the impacts on water resources by minimizing land disturbance and the creation of impervious surfaces and runoff;


      (G)  To reduce the amount of roads, sidewalks and stormwater management structures that must be built and maintained; and


      (H) To minimize the impact of residential development on the neighboring properties and the natural environment.

(Ord. 2008-2, passed 8-5-2008)



§ 152.082 AUTHORITY AND APPLICABILITY.


      Use of conservation subdivision design: applicants may request permission from the Plan Commission to use a Conservation Subdivision Design approach.

(Ord. 2008-2, passed 8-5-2008)



§ 152.083 MAXIMUM DEVELOPMENT

DENSITY AND DIMENSIONAL

REQUIREMENTS.


      (A)  Base number of development units.


             (1)  The applicant shall use the following method for calculating the maximum number of dwelling units that may be constructed on the property: the base number of dwelling units may be determined by taking 90% of the sum of the calculated buildable area and one-third of the non-buildable area of the parcel, and dividing by the required minimum lot size per dwelling unit under the conventional zoning standard for the parcel, and rounding to the closest whole number.


             (2)  If more than 50% of the parcel is made up of non-buildable area, then none of the non-buildable land shall be counted in calculating the base number of dwelling units. If the subdivision involves only part of a parcel, the buildable area shall be calculated for that portion of the parcel proposed to be included in the subdivision.



             (3)  If a parcel is located in more than one district, the base number of allowable dwelling units will be determined for each portion of the parcel separately and added together and then rounded to the next whole number.


      (B)  Incentives. Additional dwelling units and/or lots, not to exceed 15% over and above the base number of dwelling units or permitted lots, may be awarded at the discretion of the Plan Commission for any of the following:


             (1)  Conservation of greater than 50% of the parcel as designated open space shall receive a 5% increase in the allowable number of dwelling units for every additional 10% of open space protected, up to 15% total increase;


             (2)  Developments that grant increased access to the designated open space, including access to active recreation areas and/or facilities, to the general public or to all residents of the county, not just the residents of the conservation subdivision itself, shall be eligible for a 10% increase in the number of allowable dwelling units; and/or


             (3)  Developments that provide for a conservation easement, acceptable to the Plan Commission and held by the county or recognized conservation organization or land trust shall be eligible for a 10% increase in the number of allowable dwelling units.


      (C)  Lots in a conservation subdivision.


             (1)  Residences in a conservation subdivision shall be located on individual residential lots.


             (2)  Individual lot sizes:


                   (a)  If public wastewater treatment is not available, individual lots, if created, shall be based on soil-based lot sizing requirements for wastewater management under a cluster subdivision using an individual, joint or community septic and an individual, joint or community well. All lots shall


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comply with the State Board of Health’s design requirements for subsurface wastewater treatment systems;


                   (b)  Lot sizes may be larger than the minimum required under soil-based lot sizing to comply with other requirements of this section, particularly the dimensional and design standards of this section, or applicable aspects of the underlying zoning for the parcel to protect human health, welfare and public safety;


                   (c)  If public wastewater treatment is available, individual lots, if created, shall be the minimum size necessary to comply with the dimensional and design requirements of this section, and the underlying zoning for the parcel. In no case shall an individual lot be less than 5,000 square feet; and/or


                   (d)  The size of the individual lots shall be shown on the subdivision plan and shall be subject to Plan Commission approval based upon its finding that the lot sizes will allow for the creation of a high-quality living environment for the residents of the subdivision and the abutting property owners.


      (D) Dimensional and technical specifications for individual lots. If individual lots are created as part of a conservation subdivision, the lots shall conform to the following requirements:


             (1)  Lots that have frontage on an existing public road shall be laid out to minimize the number of curb cuts onto the existing road through the use of shared or common driveways or other methods. The number of curb cuts and distance between them shall be subject to Plan Commission approval;


             (2)  Building envelopes shall be specified for each lot indicating the location of any future land disturbance and structures that may be placed on the lot;


             (3)  Lots and building envelopes for each new lot shall ensure an adequate separation between new primary structures and between new primary structures and existing structures on adjacent lots according to the scale below.


                   (a)  The distance of separation between new and existing structures generally shall be greater than or equal to the average distance of separation between existing structures on adjacent parcels (if those parcels are developed as residential subdivisions).


                   (b)  Variations from this standard may be granted by the Plan Commission as a modification provided that the intent of this section is met.


             (4)  In all cases, the separation distance between principal buildings within the subdivision, whether on the same lot or on different lots, shall conform to the requirements of the county’s Zoning Ordinance, building code and fire protection codes based upon the type of construction and the use of the buildings;


             (5)  Height limits for structures shall be determined by the underlying zoning for the parcel;


             (6)  Building envelopes shall provide for a minimum setback per Zoning Ordinance requirements;


             (7)  Building envelopes shall be delineated to ensure that no structures shall be less than 20 feet from the edge of pavement of the roadway. Variations from this standard may be allowed by the Plan Commission, provided that public safety is maintained;


             (8)  The setback of building envelopes and structures from the roadway shall vary from lot to lot within the subdivision to retain significant, natural vegetation along the roadway; provide increased privacy for residents on adjacent lots; and increase the visual variety provided by the arrangement of homes within the subdivision;


             (9)  Shared driveways are permitted and encouraged where appropriate to access individual lots. In no case shall more than three dwelling units share a single driveway. Shared driveways shall be no longer than 500 feet in length;


            (10) Individual lots may be irregular in shape;



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            (11) A septic leach field may be located outside of the lot line boundaries provided the requirements of the State Department of Health are met, including appropriate legal provisions to allow for maintenance and replacement. Individual leach fields may be located in a designated open space area provided the conservation area is owned by that individual, or owned by the town or a third-party conservation organization that accepts a legal utility easement to permit the leach field;


            (12) Specifications of individual lot lines, access, setbacks and the location of building envelopes on individual lots shall be subject to Plan Commission approval based upon its finding that the subdivision layout will allow for the creation of a high quality living environment for the residents of the subdivision and provide for adequate privacy and public safety;


            (13) Garages and secondary structures shall be placed at least five feet behind the front of the main structure from the roadway, and preferably shall be located behind the main structure. Garages not located behind the main structure shall be side-entry such that the bay doors shall not face the roadway; and


            (14) Lots shall be developed in small groups or pods, including no more than six lots developed contiguously, with pods separated by a minimum of 100 feet of retained, pre-existing, mature vegetation. If existing, mature vegetation is lacking on the site, the 100-foot separation area shall be replanted with a substantial number of trees and shrubs to provide a visual break between the pods. The Plan Commission may increase the number of homes per grouping or pod provided that the intent and design standards of this section are met.

(Ord. 2008-2, passed 8-5-2008)



§ 152.084 OPEN SPACE REQUIREMENTS.


      (A)  At least 50% of the parcel’s buildable area, plus at least 80% of the unbuildable area, shall be permanently protected as open space (designated open space) subject to the additional restrictions below and as approved by the Plan Commission.



      (B)  Protection of greater than 50% of the parcel’s buildable area and/or greater than 80% of the unbuildable area shall be encouraged when a parcel is larger than 100 acres in size or contains a predominance of desirable conservation features as identified in this chapter.


      (C)  The Plan Commission may allow as little as 40% of the parcel’s buildable area and as little as 50% of the unbuildable area to be set aside as permanently protected open space when required to enable the use of the conservation subdivision approach based on the unique characteristics of the parcel, and provided that the proposed subdivision adequately meets all other requirements of this chapter.


      (D) Portions of the parcel that comprise part of an individual house lot, roadway, driveways, access roads, roadway right-of-way, utility easements or other new or existing rights-of-way, shall not count toward the calculation of the designated open space.


      (E)  Areas containing the following shall be considered high priority for inclusion in the designated open space:


             (1)  Riparian areas and other water resource buffers;


             (2)  High quality forest resources;


             (3)  Critical or high-quality habitat areas and buffers to these areas;


             (4)  High-quality soil resources (forest or agricultural soils);


             (5)  Cultural and historic resources (e.g., stone walls);


             (6)  Existing trails;


             (7)  Areas that connect to protected open space on adjacent properties;


             (8)  Ridge lines that continue through the parcel; and



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             (9)  View shed areas.


      (F)  Generally the use of the open space shall conform to the following standards, unless the Plan Commission determines otherwise:


             (1)  All uses of open space are prohibited if an area to be conserved contains critical wildlife habitat;


             (2)  Only passive recreation, agriculture and forestry are permitted in a development in a rural agricultural area; and


             (3)  Intensive recreation (i.e., ball fields or tennis courts) are permitted on some portion of the designated open space if a conservation subdivision is near an incorporated area.


      (G)  The following uses are permitted in the designated open space, unless specifically prohibited or restricted as a condition of subdivision approval for the purposes of protecting critical wildlife habitat or a public drinking water supply:


             (1)  Forest management;


             (2)  Agricultural cultivation; and


             (3)  Passive (non-motorized) trails and recreational uses.


      (H) Up to 15% of the designated open space may be used for the following, unless such uses are specifically prohibited as a condition of the subdivision approval:


             (1)  Agriculture involving animal husbandry, but not including confined feeding operations;


             (2)  Active outdoor recreation uses, including formal playgrounds and fields;


             (3)  Parking areas for access to the designated open space;


             (4)  Support facilities necessary for the subdivision including community wells, community


leach fields, stormwater management facilities, underground utility lines and related facilities such as sewer pump stations; and


             (5)  Individual or group wells and/or underground wastewater disposal systems or parts thereof, provided that this use was approved as part of the subdivision plan and that appropriate legal arrangements are established and approved by the Plan Commission for the maintenance and operation of these facilities.


      (I)   The following uses are permitted on up to 50% of the designated open space if allowed by the Plan Commission:


             (1)  Agriculture involving animal husbandry, but not including confined feeding operations;


             (2)  Active outdoor recreation uses;


             (3)  Facilities, including parking, provided that any building shall have a gross floor area of less than 200 square feet and the total gross floor areas of all the buildings shall be less than 1,000 square feet;


             (4)  Indoor community or recreational facilities that primarily serve residents of the subdivision, have a total gross floor area for all the facilities of less than 2,000 square feet, and are compatible with the overall scale and character of the subdivision;


             (5)  Small community storage buildings, and similar buildings and structures that are needed for the operation of the subdivision but not including personal storage buildings or sheds;


             (6)  Support facilities necessary for the subdivision including community wells, community leach fields, stormwater management facilities, underground utility lines and related facilities such as sewer pump stations; and


             (7)  Individual or group wells and/or underground wastewater disposal systems or parts thereof, provided that this use was approved as part of the subdivision plan and that appropriate legal


54                                                   Jackson County - Land Usage



arrangements are established and approved by the Plan Commission for the maintenance and operation of these facilities.


      (J)   No more than 5% of the designated open space shall be covered by impervious cover.


      (K)  The designated open space shall not be used as the location for dwelling units, roadways, other access, private recreation structures or play equipment, private accessory structures, or other nonresidential buildings or parking except as provided above.


      (L)  The designated open space shall not be disturbed during construction, except in areas identified for permitted uses as provided above. Boundaries shall be marked and temporary fencing installed to prevent disturbance.


      (M) The removal of soil, trees and other natural features from the designated open space is prohibited, except as consistent with conservation objectives or permitted uses as provided above.


      (N) The designated open space shall be retained in a natural, undisturbed state, except for those activities permitted as provided above.

(Ord. 2008-2, passed 8-5-2008)



§ 152.085 PROTECTION AND MANAGEMENT

OF OPEN SPACE.


      (A)  Area boundaries of the designated open space shall be clearly identified:


             (1)  Boundaries shall be clearly delineated on plans including plats;


             (2)  Boundaries shall be clearly marked prior to commencing construction activities (temporary markings are acceptable); and


             (3)  Boundaries shall be clearly, and permanently marked in the field with signage approved by the Plan Commission to identify the area as protected open space.



      (B)  Development in and/or subdivision of designated open space areas in the future shall be prohibited and shall be so noted on the approved subdivision plan/plat.


      (C)  Prior to the sale of any lots, the designated open space shall be protected and controlled by one or more of the following methods subject to Plan Commission approval:


             (1)  Dedicated to the county or an adjacent municipality as open space, with public access and permanent deed restriction or conservation easement in place;


             (2)  Transfer, with permanent deed restrictions or conservation easement, to a land trust or other recognized conservation organization (subject to acceptance by the organization);


             (3)  For designated open space areas of less than 50 acres, ownership by one or more private individuals (separately or in common) or by an association of the owners of the dwelling units within the subdivision (i.e., homeowner’s association) with open space protection deed restrictions enforceable by any land owner within the association, any owner of separate land parcels adjacent to the open space, or the county; or


             (4)  Ownership by one or more private individuals (separately or in common) or by an association of the owners of the dwelling units within the subdivision (i.e., homeowner’s association) with a conservation easement granted to the county and/or recognized conservation or land trust organization.


      (D) The deed restrictions and/or conservation easement documents shall be placed on file with the Plan Commission upon receipt of Plan Commission subdivision approval and duly recorded at the County Recorder’s office, in conjunction with the approved plat. The documents shall clearly indicate whether the property is open to the general public or open only to residents of the subdivision.


      (E)  A management plan for the designated open space and facilities shall be prepared and approved by the Plan Commission, subject to the following:


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             (1)  Identifies the entity assuming responsibility for stewardship and management of the designated open space, including regular inspections to confirm continued compliance with the terms of the subdivision approval and conservation easement or deed restrictions;


             (2)  Includes detailed standards and schedules for maintenance of the designated open space, including maintenance of vegetation;


             (3)  Allows for county maintenance, subject to tax lien against the owners of the open space, in the event that the maintenance specified under the agreement is not completed; and


             (4)  Provides that any amendments to the plan shall be reviewed and approved by the Plan Commission.


      (F)  For properties containing open space protected under a conservation easement to be held and enforced by the county or a third-party, a stewardship fee shall be collected and provided to the third-party to be held in a separate trust account and used to support the monitoring and enforcement of the conservation restrictions. The amount of the stewardship fee shall be determined based on the size and restrictions in place on the open space and the requirements of the third-party easement holder.


      (G)  All documents, including deed restriction language, conservation easements and the management plan shall be reviewed and approved by the Plan Commission’s Attorney prior to receiving subdivision approval from the Plan Commission.

(Ord. 2008-2, passed 8-5-2008)



§ 152.086 DESIGN STANDARDS.


      (A)  The following design standards are intended to improve the character and aesthetic qualities of the development and to minimize its impact on the environment.


      (B)  Variations from these standards may be granted by the Plan Commission, provided that the


overall intent of this section is achieved by the alternative design.


             (1)  The landscape shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal. Not including the right-of-way for any access roadway, no more than 20,000 square feet of contiguous area shall be cleared for individual lot development.


             (2)  Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. Cut and fill shall be limited to ten feet, and preferably less than six feet.


             (3)  The orientation of individual building envelopes shall be such as to maintain maximum natural topography and cover, make use of passive solar energy for lighting and heat, and minimize disturbance to the landscape.


             (4)  Building envelopes shall not be located on ridges, hilltops, along peripheral public roads, or in other visually prominent areas.


             (5)  Topography, tree cover and natural drainage ways shall be treated as fixed determinants of road and lot configuration rather than as malleable elements that can be changed to allow for a preferred development scheme.


             (6)  The Plan Commission shall encourage design that reduces the amount of impervious cover created and reduces the amount of stormwater runoff generated, and supports the use of stormwater management approaches that retain and infiltrate rainwater on-site in small treatment areas dispersed throughout the development.


             (7)  Streets and driveways shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; to minimize impacts to wildlife passage; and to preserve and enhance views and vistas on or off the subject parcel.


             (8)  Streets shall be curved to follow the natural topography with no straight segment extending more than 300 feet.


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             (9)  Streets shall be the minimum width and length necessary to meet traffic demands and allow emergency vehicles passage, following the recommendations provided by “Guidelines for Geometric Design of Very Low-Volume Local Roads” by the American Association of State Highway and Transportation Officials (AASHTO).


            (10) Stream and wetland crossings shall be eliminated whenever possible. When necessary, stream and wetland crossings shall be designed to facilitate animal passage and accommodate high-volume flows of water.


            (11) Any portion of the designated open space not retained in its natural condition (e.g., landscaped parks, areas put toward active recreation) shall be designed to add to the visual amenities of the area by maximizing the viewscape for persons passing the site or overlooking it from nearby properties. If open space is used as parks or recreation facilities, it should provide easy access to all allowable users.


            (12) On-site pedestrian and bicycle circulation: sidewalks and/or trails shall be provided to link residences with parking areas, recreation facilities (including parkland and open space) and adjacent land uses where appropriate.


            (13) Other design requirements that apply to all residential subdivisions shall continue to apply. These may include, but are not limited to, landscaping standards, street and neighborhood lighting provisions, utility placement, erosion and sediment control and post-construction stormwater management.

(Ord. 2008-2, passed 8-5-2008)



§ 152.087 PRE-APPLICATION MEETING

REQUIRED.


      A pre-application site inventory review meeting and preliminary conceptual plan review meeting are required by all applicants for conservation subdivisions prior to submitting a formal application. Applicants shall submit information and plans, as


required by the Plan Commission, to facilitate and support the conceptual design discussion and conceptual plan review meetings.

(Ord. 2008-2, passed 8-5-2008)



§ 152.088 SUBDIVISION APPLICATION

REQUIREMENTS AND REVIEW PROCESS.


      (A)  Site inventory review and conceptual plan discussion. To facilitate discussion of the conceptual design of the conservation subdivision plan at the pre-application, conceptual design review stage, applicants shall submit the following information:


             (1)  Site context map or location map.


                   (a)  This map enables the Plan Commission to understand the site in relation to what is occurring on adjacent properties and surrounding area.


                   (b)  It should be drawn at a size adequate to show the relationship of the proposed subdivision to the adjacent properties and to locate the subdivision within the municipality.


                   (c)  The site context map shall be based upon existing data sources and field inspections and shall include the following:


                        1.     Existing subdivisions in the proximity of the proposed subdivision, including building locations;


                        2.     Locations and names of existing streets;


                        3.     Boundaries and designations of zoning districts; and


                        4.     An outline of the subject parcel and the proposed subdivision and any remaining portion of the owner’s property if the subdivision will only cover a portion of the owner’s entire contiguous holding.



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             (2)  Site inventory map and analysis.


                   (a)  The site inventory map familiarizes officials with existing conditions on the property.


                   (b)  Based upon existing data sources and field inspections, this base map locates and describes noteworthy resources that should be considered through sensitive subdivision layout.


                   (c)  This map shall be at a scale of not more than 50 feet to the inch and include, at a minimum, the following:


                        1.     The proposed name of the subdivision, north arrow (True Meridian), date and scale;


                        2.     The boundaries of the parcel based upon a standard boundary survey prepared by a registered land surveyor and giving the bearings and distances of all property lines;


                        3.     Existing structures or easements on the site (if none, so state);


                        4.     The topography of the site at an appropriate contour interval depending on the nature of the use and the character of the site;


                        5.     The major natural features of the site and within 500 feet of the site, including wetlands, vernal pools, streams, ponds, rivers, natural swales and drainage ways, riparian areas, floodplains, significant wildlife habitats, boundary trees, wooded areas, scenic views or areas, significant geologic features, ridge lines, slopes in excess of 25%, escarpments, prime agricultural soils, and any other important natural features. Wetlands on the site shall be identified and delineated and shall be certified by the person performing the delineation. Information on adjacent properties may be from published sources;


                        6.     The major anthropogenic features of the site and within 500 feet of the site, including historic or cultural features, stone walls, roads, driveways, fences, trails, historic structures or remnants, archeological resources, graveyards,


cemeteries, views onto and off of the site, and any other important features (if none, so state);


                        7.     Identify severe soil conditions, based on the soil survey;


                        8.     Vegetative cover and its condition;


                        9.     Location and size of existing utilities or improvements to the site (if none, so state);


                       10.     If not served by public water, any potential sources of fire protection water supply within one-half mile of the site, including public water mains, existing fire ponds or other possible sources; and


                       11.     Preliminary identification of those areas of the site deemed suitable for development or use and those areas with the most significant conservation value based on the assessment of the site.


             (3)  Site visit. Applicants are encouraged to allow a site visit by Plan Commission members and staff to facilitate pre-application review of the site inventory map and conceptual Conservation Subdivision Plan.


      (B)  Preliminary conceptual plan review.


             (1)  The concept plan is intended to be a draft of the proposed design for the subject subdivision.


             (2)  To ensure maximum opportunity to revise the proposed design based on Plan Commission and public input, the concept plan should not be a fully-engineered plan.


             (3)  To facilitate review and discussion, the Concept Plan shall include the following:


                   (a)  The subdivision name, boundaries, north point, date, legend, title “Concept Plan” and scale;



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                   (b)  The names of the record owner and the applicant, and the name of the person that prepared the plan;


                   (c)  The names, approximate location and widths of adjacent streets;


                   (d)  The proposed topography of the land shown at a contour interval no greater than four feet. Elevations shall be referred to mean sea level;


                   (e)  The location of existing landscape features including forests, farm fields, meadows, wetlands, riverfront areas, water bodies, archeological and historic structures or points of interest, noteworthy tree specimens, and habitats of endangered or threatened wildlife as identified as primary and secondary resources. Proposals for all site features to be preserved, demolished or moved shall be noted in this plan;


                   (f)   All on-site local, state and federal regulatory resource boundaries and buffer zones shall be clearly identified;


                   (g)  Lines showing proposed private residential lots with approximate areas and dimensions and a proposed building envelope indicating the expected location of any land disturbance activity and structures;


                   (h)  All existing and proposed features and amenities including trails, recreation areas, pedestrian and bicycle paths, community buildings, off-street parking areas (and any others) shall be shown on the plan and described in a brief narrative explanation where appropriate;


                   (i)   The existing and proposed lines of streets, ways, common driveways, easements and any parcel of land intended to be dedicated for public use or to be reserved by deed covenant for use of all property owners in the subdivision, or parcels of land or lots to be used for any purpose other than private residential shall be so designated within the subdivision in a general manner;


                   (j)   Narrative description of the streets;


                   (k)  A narrative explanation detailing the proposed wastewater systems that will be utilized by the development and its likely impacts on-site and to any abutting parcels of land;


                   (l)   A narrative explanation of the proposed stormwater management approach and its likely impacts on-site and to any abutting parcels of land. The approximate location of any stormwater management facilities shall be shown on the plan and accompanied by a conceptual landscaping plan;


                   (m) A narrative explanation detailing the proposed drinking water supply system;


                   (n)  A narrative explanation of the proposed quality, quantity, use and ownership of the open space. Proposed conservation areas shall be clearly shown on the plan; and


                   (o)  A list of all legal documents necessary for implementation of the proposed development, including any conservation restrictions, land transfers and master deeds, with an accompanying narrative explaining their general purpose.


      (C)  Conceptual long range development plan.


             (1)  When a subdivision will not utilize the entire parcel and there is potential for future subdivision or development of the parcel or any of the lots being created, the application for subdivision approval shall include a Conceptual Long Range Development Plan showing the potential utilization of the lots and the balance of the parcel not being subdivided.


             (2)  The Long Range Plan is intended to be conceptual in nature, to rely on published data about natural resources relevant to the parcel and the built environment, and to demonstrate that the current subdivision proposal will not compromise important


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conservation values or the long term development of the parcel as a conservation subdivision.


             (3)  This plan shall show the relationship of the proposed subdivision area to the balance of the parcel and to adjacent land. This plan shall analyze the conservation and development potential of the remaining area of the parcel and shall show, in general terms, the potential street network, open space areas and development areas in a manner that demonstrates that both the proposed development and the future development can occur so that it conforms to the requirements for conservation subdivisions and preserves the significant natural resource and conservation values of the entire parcel.

(Ord. 2008-2, passed 8-5-2008)



§ 152.089 SUBDIVISION APPLICATION.


      (A)  A formal application for a residential subdivision shall include copies of the site context map, site inventory and conceptual plan as previously submitted to the Plan Commission.


      (B)  Because of the permanently protected open space, the subdivision application shall include the following:


             (1)  Preliminary Open Space Ownership and Stewardship Plan, including, but not limited to:


                   (a)  A description of all common open space and any other lands and facilities proposed to be owned by the town, conservation organization, homeowner’s association or individual land owners, that will be protected under conservation easement, held by a third-party, or deed restrictions;


                   (b)  A map of the land to be conserved showing the location of any facilities or structures;


                   (c)  A description of the proposed ownership arrangements for the land to be conserved;


                   (d)  A description of the proposed conservation easement or deed restrictions that will permanently protect the portions of the parcel to remain undeveloped;


                   (e)  A description of the proposed arrangements for long-term stewardship of the common open space including management objectives and techniques for the property, identification of the organization having primary and secondary responsibility for conducting regular monitoring of the property and if necessary, enforcing the terms of the easement, a list of the allowable uses for the protected open space indicating any restrictions, and the proposed fee to cover the long-term stewardship of the property;


                   (f)   Copies of proposed deed restrictions, conservation easements and stewardship/ management plan for the open space conservation area, and other legal documents relating to the ownership, protection and stewardship of the conserved land; and


                   (g)  Evidence that a governmental body, homeowner’s association or independent third party will be designated to assure compliance with all conservation restrictions and is willing to assume this responsibility, including establishing a stewardship account to support future oversight.


             (2)  Clear delineation of the area to be conserved as part of the conservation design subdivision and demonstrate that the subdivision layout meets the following:


                   (a)  At least 75% of the open space conservation area is contiguous with other open space;


                   (b)  No portion of the open space conservation area is less than 100 feet wide;


                   (c)  The area designated as open space conservation area is contiguous with existing undeveloped, open space on adjacent parcels; and


                   (d)  The open space conservation area includes and protects, to the maximum extent possible, the desired natural and cultural features of the parcel identified in the site inventory map.

(Ord. 2008-2, passed 8-5-2008)





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DEVELOPMENT AND DESIGN STANDARDS



§ 152.100 MINOR SUBDIVISIONS.


      (A)  General requirements. The subdivision plan shall conform to the principles and standards which are generally exhibited in the County Comprehensive Plan, adopted September 19, 2006; and any amendments thereto.


      (B)  Lots.


             (1)  The requirements of this section apply to lots which are intended to be used for private building sites. These requirements may not apply to common areas intended for open space, drainage detention, recreation or other reasons.


             (2)  Each lot shall provide a suitable building site large enough for the principal structure, on-site sewage and water systems (if applicable) and customary accessory structures. Features such as steep grades, flood zones, wetlands, poor soils and environmental restrictions should be identified to show that adequate suitable space is available on each lot.


             (3)  All lots shall abut on an existing public street or approved access easement with minimum frontage as required by the Zoning Ordinance.


             (4)  Side lines of lots shall be at approximately right angles to tangent street sections and on radial lines along curved streets. Pointed or very irregular lots should be avoided.


             (5)  Widths and areas of lots shall be not less than the required area in the Zoning Ordinance for the proposed land use and district in which the subdivision is located. If a private water supply or private sewage disposal will be used, the lot size must also meet the requirements of the County Health Department for the intended uses.


             (6)  The depth-to-width ratio of the usable area of a lot shall be a maximum of three to one. Building setbacks, easements and buffer strips are not


included as usable area when calculating the depth-to-width ratio.


             (7)  Corner residential lots shall be wider than the average lot with the development in order to permit appropriate setbacks from both streets. The usable lot width (total width less setbacks and easements) must be equal or larger than that of the average lot.


             (8)  For lots which contain water bodies, the number of acres or square feet of contiguous land area on the lot shall be at least equal to 75% of the minimum required lot size for the zone district in which the lot is located.


      (C)  Streets and access.


             (1)  All parcels inside and adjacent to the subdivision must have adequate ingress and egress using existing roads and streets. If construction of new streets or a substantial improvement to an existing street is required for the subdivision, the subdivision shall meet the requirements of a major subdivision in § 152.101 below.


             (2)  Frontage along a limited access highway does not constitute adequate ingress and egress access.


             (3)  Where existing county road right-of-way is less than desired for the classification of the roadway according to the County Transportation Plan, additional right-of-way shall be dedicated to the county wide enough to obtain half the desired width from the centerline of the road.


             (4)  No existing parcel or parcel remnant may be landlocked due to the creation of proposed lots.


             (5)  Where access to an existing public street is determined to be impractical or where adequate street frontage does not exist, up to four lots may gain access to a public street or road by use of a private common access and utility easement. The following criteria shall apply to the easements:


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                   (a)  Maintenance of the common access easement shall be the responsibility of the developer until such time that a written agreement with the lot owners has been reached for the maintenance responsibilities;


                   (b)  The access easement shall be at least 50 feet in width, and shall not exceed 1,000 feet in length; and


                   (c)  The access easement must be located where topography allows for construction of a common driveway with a gradient of less than 30%.


      (D) Water supply.


             (1)  Potable water supply must be available to all proposed lots without extension or improvement to existing water mains or treatment facilities.


             (2)  Where private on-site wells are proposed for water supply, the approximate groundwater depth should be known and proper separation shall be provided from any on-site sewage disposal system.


      (E)  Sewage disposal.


             (1)  Sewage disposal must be available to all proposed lots without extension or improvement to existing sewer mains or treatment facilities, unless private on-site sewage disposal is proposed.


             (2)  Where private on-site sewage disposal is proposed, each lot must provide adequate space for two traditional non-repairable septic systems or use an approved repairable on-site system.


             (3)  Where private on-site sewage disposal is proposed, the developer must provide preliminary plans to the County Health Department and obtain written preliminary approval for the sewage disposal plan.


             (4)  Individual lot owners will still be responsible to obtain a construction permit for each lot prior to construction of the sewage disposal system.


             (5)  The preliminary sewage disposal plan shall show the proposed layout of lots with preliminary dimensions, soil types, land slopes and locations where soil samples were taken. The plan should be accompanied by a report pertaining to use of the land for on-site septic systems from an approved soil scientist.


      (F)  Drainage.


             (1)  A drainage plan is required for all minor subdivisions.


             (2)  The drainage plan must be approved by the County Drainage Board and show the following:


                   (a)  Show existing drainage patterns, including any ditches, streams, wetlands or flood hazard areas;


                   (b)  Show existing land cover with approximate boundaries of each type;


                   (c)  Show existing land slopes, either by use of contours lines or labeling approximate grades with directional arrows and approximate percent grade;


                   (d)  Show approximate boundaries of different soil classifications based on the soil survey of the county;


                   (e)  Proposed drainage pattern, including any proposed grading, culverts or ponds that are anticipated within the subdivision; and


                   (f)   Where proposed culverts or drainage pipes are necessary, provide calculations for peak runoff and pipe capacity.

(Ord. 2008-2, passed 8-5-2008)



§ 152.101 MAJOR SUBDIVISIONS.


      (A)  General requirements.


             (1)  The subdivision plan shall conform to the principles and standards which are generally


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exhibited in the County Comprehensive Plan, adopted September 19, 2006; and any amendments thereto.


             (2)  All construction improvements must be complete within the time limits established in § 152.063 above.


             (3)  Where a lot owners association is necessary for the maintenance of common area, storm water storage ponds, or to assure that the development stays within compliance with this chapter and its own covenants, the association shall meet the following requirements:


                   (a)  Membership shall be automatic for all lot owners in the development;


                   (b)  The association shall be incorporated; and


                   (c)  The developer must organize and finance the association until at least two-thirds of the lots have been sold and the construction of the streets, utilities, storm drainage system and common areas are complete. At that time the developer will still be responsible for the membership of the lots which have not been sold and remain under the developer’s ownership.


             (4)  All construction materials and procedures used to construct the subdivision must conform to the most recent State Department of Transportation Standard Specifications and Drawings.


             (5)  The design of the subdivision shall meet the requirements of this chapter as well as follow the guidelines of the most recent editions of the State Department of Transportation Design Manual and the AASHTO: A Policy on Geometric Design of Highways and Streets. When the policies have conflicting or varied requirements, the most restrictive shall control.


             (6)  Where existing natural features such as streams, wetlands, historic features, woodlots, mature trees or any other natural features are identified, the subdivision should be designed to preserve those features in common area.



             (7)  All flood hazard areas shall be identified and delineated on the subdivision plans. Other significant natural features such as wetland, steep terrain, ponds or wooded areas should also be identified on the plans.


      (B)  Lots.


             (1)  The requirements of this section apply to lots which are intended to be used for private building sites.


             (2)  These requirements may not apply to common areas intended for open space, drainage detention, recreation or other reasons.


                   (a)  Where the subdivision is located within the jurisdictional fringe of the City of Seymour or within the corporate limits of any other city or town, the lots shall conform to the minimum standards of the city or town.


                   (b)  All lots shall provide suitable building sites. Features that affect suitability may include, but not be limited to steep grades, flood hazard areas, wetlands or poor soils.


                   (c)  All lots shall abut on a public street or approved access easement with minimum frontage as required by the Zoning Ordinance.


                   (d)  Side lines of lots shall be at approximately right angles to tangent street sections and on radial lines along curved streets. Pointed or very irregular lots should be avoided. If the lot is accessed by an approved access easement, the right angle shall be measured from the easement.


                   (e)  Double frontage lots are discouraged, except that, where desired along limited access highways, collectors or arterials:


                        1.     In those situations, lots should face an interior local street or subdivision street and back onto the major street. The rear lot line must also be shown “no access” on the plat.



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                        2.     Where double frontage lots are created, the rear yard building setback shall be increased by ten feet and a ten-foot wide landscape buffer easement shall run along the back of the lots.


                   (f)   Widths and areas of lots shall be not less than the required area in the Zoning Ordinance for the proposed land use and district in which the subdivision is located. If a private water supply or private sewage disposal will be used, the lot size must also meet the requirements of the County Health Department for the intended uses.


                   (g)  The depth-to-width ratio of the usable area of a lot shall be a maximum of three to one. Building setbacks are not included as usable area when calculating the depth-to-width ratio.


                   (h)  Wherever possible, unit shopping centers, based upon sound development standards, should be designed for the specific use and configured to most efficiently use the available space, rather than conforming to standards for typical individual lots.


                   (i)   Corner residential lots shall be wide enough to permit appropriate front yard setbacks from both streets. The usable lot width (total width


less setbacks) must be equal or larger than the mean usable lot width in the development.


                   (j)   For lots which contain water bodies, those lots must provide an equal or great amount of usable area as that of the mean usable area of all the lots in the subdivision. Usable area does not include building setbacks or area that could be covered by water during the maximum water level.


      (C)  Blocks.


             (1)  Blocks shall be of sufficient width to permit two tiers of lots of appropriate depth except where an interior street parallels a street of higher classification or a railroad right-of-way. The Commission may also approve a single tier of lots if special land features prevent the use of two tiers of lots. Examples may include but not be limited to common spaces, recreation areas, waterfront lots or preservation of woodland and wetlands.


             (2)  Block length shall meet the requirements shown in the table below. The length shall be measured between intersections of street centerlines.



Block Lengths

 

Urban Subdivision

Rural Subdivision

Commercial/Industrial

Min. block length

2 tiers of lots

400 feet

200 feet

Max. block length

600 feet

1,200 feet

1,200 feet

Max. cul-de-sac length

600 feet

1,000 feet

600 feet


             (3)  Cul-de-sac street length shall meet the requirements shown in the table above.


                   (a)  The length of a cul-de-sac street shall be measured from the center of the two intersecting streets to the center of the terminal radius of the cul-de-sac.


                   (b)  The length of the cul-de-sac shall include any connecting street that does not have multiple points of access.



             (4)  The figure below, Block Length Samples, illustrates a few examples of how block lengths and cul-de-sac lengths may be measured.


                   (a)  The figure below does not address every situation, but provides a guide for common street layouts.


                   (b)  Where a subdivision layout is unique due to environmental or topographic


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restrictions and evidence is provided to show that an alternate layout cannot be achieved, an alternate layout may be approved by the Commission.



image1.gif







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             (5)  Where the internal street layout requires a street to loop as shown in example #3 on the figure above, and the block length exceeds those shown in the table in division (C)(2) above, the developer shall present alternate layouts with evidence showing the necessity of exceeding the standard block lengths. The Commission may approve a non-standard block layout, where other options may not be feasible due to environmental concerns or restrictive topography.


      (D) Driveways.


             (1)  Residential driveways are discouraged from having direct access onto arterial or collector streets and should be avoided on local streets when possible. Every effort should be made to arrange the streets and lots so that residential driveways will open directly onto subdivision streets.


             (2)  Residential driveways along subdivision streets shall be spaced at least 100 feet apart. When lots are less than 100 feet apart, one driveway will be permitted on each lot. Driveways should be combined, where possible, to allow 100-foot spacing between driveways.


             (3)  Driveway permits shall be obtained for all driveways with direct access to county roads or subdivision streets. Where the driveway is necessary to access directly onto a state highway, the permit must be obtained from INDOT.


             (4)  If a lot must have direct access to a collector or arterial street, the access points shall be kept to a minimum, with at least 150 feet between driveways.


             (5)  All driveway returns should have at least a three-foot radius where the edge of the drive meets the curb line of the street.


             (6)  All driveways must provide a gradient to allow for a sidewalk or other pedestrian facility to cross the drive at grades in compliance with ADA. If a drive cannot be made at grade with the adjacent sidewalk, appropriate ADA ramps shall be installed in the sidewalk.


             (7)  Driveways shall provide minimum intersection sight distance as shown in the table in division (E)(27) below. If areas existing in the subdivision where minimum intersection sight distance are not met, those areas shall be designated on the plat as “no access” and no driveways shall be allowed in those areas.


      (E)  Streets and access.


             (1)  All subdivisions shall have at least one access to an existing public or approved private street.


                   (a)  Where a subdivision is to contain more than 50 lots, additional access streets shall be provided.


                   (b)  The access locations must be wide enough to provide room for required infrastructure and right-of-way to meet the requirements of this chapter.


             (2)  Existing streets which provide access to the subdivision must be suitable for increased traffic and additional street intersections, or the developer shall provide a plan for improvement to the existing street and reach an agreement with the county for the needed improvements. The agreement should include responsibilities of the developer, responsibilities of the county, and a schedule for improvements.


             (3)  Where existing streets adjacent to the subdivision do not contain adequate right-of-way to comply with this chapter, additional right-of-way shall be dedicated to provide half of the prescribed width from the center of the street. The width shall be based on the requirements of this chapter and the road classification found on the County Transportation Plan.


             (4)  Streets shall provide access to all lots with access wide enough to allow for driveways with reasonable grades and appropriate site distances.


             (5)  Where streets are not practical for access to common areas, access easements may be used for this purpose. The access easement must


66                                                   Jackson County - Land Usage



provide reasonable access to the common areas for maintenance equipment or emergency vehicles.


             (6)  All streets shall be given a street name that does not duplicate an existing street name in the county. All street names shall be shown on the plat for the subdivision.


             (7)  Traffic circulation: effort shall be made to create traffic circulation within and adjacent to the subdivision.


                   (a)  Consideration should be given to existing and proposed use of adjoining land.


                   (b)  The following list reflects some of the methods that may be utilized to create circulation:


                        1.     Where feasible, streets shall connect to adjacent future and existing subdivisions;


                        2.     The Commission may require temporary dead-end streets to be created for future circulation. Where desired, they shall be limited in length to only extend along one lot beyond the corner lot at the street intersection. No more than four total lots may have direct access to a temporary dead-end street;


                        3.     Where a dead-end street is desired for future connection to adjoining land, the right-of-way may be platted without construction the street improvements. The improvements would then be installed upon development of the adjoining property; and


                        4.     Permanent dead-end streets are not permitted, except through the use of cul-de-sacs.


             (8)  Streets shall be designed with due consideration of the land topography, soil conditions, and natural features so as to produce usable lots, with safe and efficient access, meeting the minimum gradients found in the table in division (E)(27) below.


             (9)  Subdivision streets shall be designed to discourage through traffic or use of the subdivision streets as a short cut between adjacent local roads or collectors. Measures such as curved alignments stop controlled intersections, signage and other traffic calming techniques are encouraged to make travel through the subdivision slower than traveling the local road system adjacent to the subdivision.


           (10)  Private streets shall meet the same design and construction standards as streets which are proposed to be public streets.


           (11)  Where proposed streets intersect with a state highway, the developer shall apply for and obtain a permit from INDOT for the intersection construction. Written approval from INDOT must be provided to the county.


           (12)  All streets shall have pavement and right-of-way widths as shown in the figures below division (E)(16), Urban Cross Sections and Rural Cross Sections, based on the classification of the street.


           (13)  Streets shall conform to urban standards where the subdivision meets any of the following criteria:


                   (a)  It is within the jurisdictional fringe of the City of Seymour;


                   (b)  It is adjacent to the corporate limits of any incorporated city or town in the county; and/or


                   (c)  The median lot size is less than one-half acre.


           (14)  Streets may be designed using rural standards where the subdivision is not classified as urban due to the previous section.


           (15)  Cul-de-sac streets shall be allowed with lengths as specified in division (C) above. A cul-de-sac terminus shall have a minimum radius of 47 feet to the edge of pavement, with at least 30 feet of pavement width around the outside of the curve. The


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right-of-way around the terminal circle shall have at least 57-foot radius. The figure below division (K), Cul-de-Sac Plan, provides an illustration of the minimum standards for cul-de-sacs. A grading plan for the cul-de-sac shall be included in the improvement plans to assure the Commission that minimum grades will be met.


           (16)  Alleys, where used, shall have a minimum width of 20 feet.


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            (17) Streets shall intersect as nearly to right angles as possible, and shall in no case intersect at less than 70 degrees.


            (18) At street intersections the edge of pavement corner radius shall be at least 15 feet for streets where the street width is 36 feet and at least 25 feet where streets are less than 36 feet in width.


            (19) At street intersections the right-of-way lines shall corner with a 20-foot radius or the chord of the arc.


            (20) Intersection of more than two streets at one location shall not be permitted.


            (21) Where possible, streets should intersect to create four-legged intersections where both streets continue through. Offsetting three-leg intersections should be avoided, but if required, they must be offset by at least 150 feet.


            (22) At intersections, the minor street must be controlled either by traffic signs or signals. The intersections shall provide minimum site distance as shown in the table below division (E)(27). Where the approaching major street has a downhill grade greater than 3%, the site distance must be increased accordingly.


            (23) The Commission may approve the use of a parkway or boulevard street design with a median in the center of the street. Where used, the following criteria shall be met.


                   (a)  Minimum widths of street, sidewalk and median are shown on the figure, Urban Cross Sections, in division (E)(16) above.




                   (b)  All parkway or boulevard streets shall be curb with storm sewers.


                   (c)  The median shall have breaks for traffic to cross at all street intersections or commercial driveways. The break in the median shall be at least the width of the intersecting drive or street, with a minimum width of 30 feet.


                   (d)  Medians shall be landscaped in some manner, even in only sod or mulch to prevent erosion. Landscaping shall be shown on the improvement plans and shall not create any obstruction to required sight distances for intersections or driveways.


           (24)  All streets shall be constructed at or above the base flood elevation (100-year) where a flood hazard has been identified.


           (25)  Streets shall be constructed with horizontal and vertical alignments to provide adequate intersections sight distances and stopping sight distances for the appropriate design speeds. The table below division (E)(27) shows some minimum requirements. Sag vertical curves, crest vertical curves, and horizontal curves all must be checked for sight distance.


           (26)  Curved streets shall have minimum radii as shown in the table below division (E)(27) and use the appropriate amount of super-elevation for the design speed and radius. Where super-elevation is not used or is less than the allowed maximum, the radius shall be increased accordingly.


           (27)  Super-elevation may be used to reduce the radius of a curved street, except for urban subdivision and local street. The maximum allowable super-elevation rates are shown in the table below.



Street Geometry Standards

Type of Street

Urban Subdivision/Local

Urban Collector

Rural Subdivision/Local

Rural Collector

Design speed (mph)

30

40

40

55

Stopping sight distance

200

305

305

495



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Street Geometry Standards

Type of Street

Urban Subdivision/Local

Urban Collector

Rural Subdivision/Local

Rural Collector

Intersection sight distance

335

445

445

610

Min. radius (feet)

333

593

533

1,060

Min. grade

0.30%

0.30%

0.30%

0.30%

Max. grade

8%

7%

10%

7%

Max. super-elevation rate

Not allowed

2%

4%

6%


            (28) All streets shall be paved with hot mix asphalt. The pavement shall be designed based on the soil conditions of the site and the expected traffic. Minimum pavement sections are shown in the table below.


Minimum Pavement Thickness

Type of Street

Urban Subdivision/Local

Urban Collector

Rural Subdivision/Local

Rural Collector

HMA surface

1 inch

1-1/2 inch

1-1/2 inch

1-1/2 inch

HMA base

2 inches

2-1/2 inches

2-1/2 inches

3-1/2 inches

Compacted aggregate base, #53

8 inches

10 inches

6 inches

8 inches


      (F)  Street signage shall be provided by the developer.


             (1)  All streets shall include street signage according to the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) as published by the U.S. Department of Transportation, Federal Highway Administration. Where the proposed street will have less than 400 AADT and shall be classified as a local street, the signage may follow the requirements for “Low Volume Roads” in the manual.


             (2)  Street name signs shall be placed at all street intersections. Urban local/subdivision streets may use four inches minimum letter height, but street name signs along collector streets or rural streets must follow the MUTCD standards with a six-inch minimum height.



      (G)  Street lighting. Street lighting may be desirable, but is not required. Where street lighting will be installed, the following requirements shall be met.


             (1)  Proposed light locations and type of lights must be shown on the plans.


             (2)  The developer will be responsible for installation.


             (3)  An agreement between the electric utility and either the developer or the lot owners association must be executed to ensure who is responsible for monthly cost of electricity for street lights, unless a street lighting agreement can be reached with an incorporated city or town.


             (4)  When street lights are installed, lights must be placed at all street intersections, pedestrian


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crossings, bridges and any other street feature that may need improved visibility.


      (H) Bridges and culverts. Where a bridge or culvert is necessary in a subdivision to carry a roadway over a stream or ditch, the developer shall provide the stream crossing to meet the following minimum requirements.


             (1)  Where the stream is found to be a jurisdictional stream or navigable waters by the regulatory agencies, the developer is responsible for any and all required permits and must meet the conditions of those permits.


             (2)  The minimum culvert size crossing a public road shall be 15 inches in diameter. Culverts for driveways may be 12 inches diameter.


             (3)  Where a bridge or culvert is 20 feet or more in span (measured along the centerline of the road), the structure shall be classified as bridge and must be added to the county’s bridge inventory upon completion. All bridges shall be subject to inspection by the county’s bridge inspection engineer.


             (4)  Structural design of all bridges shall follow the guidelines of the AASHTO Load and Resistance Factor Design (LRFD) Bridge Design Specifications.


             (5)  Where piers are necessary for multiple span structures, the piers should not be located in the flow of the main channel.


             (6)  The superstructure (beams and/or deck) shall be above the 100-year flood frequency elevation.


             (7)  The roadway at the bridge approaches shall be at least one foot above the 100-year flood elevation.


             (8)  All structures shall provide a minimum clear roadway width over the structure of either the width of the travel lanes plus shoulders or the width from back of curb to back of curb. No structure shall be less than 28 feet in width.



             (9)  Culverts (less than 20-foot span) must not create more than one foot of surcharge (flow depth at the upstream right-of-way – tailwater depth at the downstream right-of-way) during a 100-year frequency design storm.


           (10)  Culverts shall provide one foot of freeboard below the edge of pavement for a ten-year design storm, and should not allow roadway overflow for a 25-year frequency design storm on local roads and a 50-year frequency design storm for collectors or arterials.


           (11)  Bridges shall be protected with bridge rail and approach guardrail appropriate for the design speed of the street.


           (12)  Culvert ends should be placed beyond the roadway clear zone (per INDOT Design Manual for local agency local roads), be protected by guardrail from an errant vehicle, or use an appropriate end treatment to prevent the culvert end from creating a hazard to an errant vehicle.


      (I)   Landscaping. Landscaping may be necessary in some subdivisions. A landscape buffer is required when a subdivision is designed to have rear lot lines adjacent to street right-of-way. The landscape screening shall be planted in an easement with a minimum width of ten feet. The landscape easement width is in addition to utility or drainage easements which may also be located along the rear lot lines.


      (J)   Easements. Easements shall be provided for utilities, drainage and access or installation and maintenance of utilities, storm drainage and common areas.


             (1)  Easement locations and widths must be coordinated with utility companies to assure that the needs of each utility will be met.


             (2)  Easements must maintain a minimum width of ten feet when located adjacent and parallel to street right-of-way. When easements are not along streets, a minimum width of 16 feet shall be provided. When located along lot lines the easement may be half on each side of the lot line.



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             (3)  When an easement is located along the outer boundary of the subdivision, the minimum width must be provided either by the whole width being within the subdivision or by obtaining part of the easement from the adjoining parcel. The width may not be less than the minimum required based on possible future development of the adjoining property. If a primary plat for the adjoining parcel is to include one-half of the easement, the developer must plat the whole easement in order to develop the earlier phase.




             (4)  Easements should provide continuity from block to block.


      (K)  Storm water storage facilities. Where a subdivision includes storm water storage facilities, at least 16 feet must be provided beyond the water’s edge at the highest water level either in the form of common area, or easement for maintenance and access around the entire perimeter of the storage facility. The minimum width is shown in the figure, Pond Typical Sections, below.




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      (L)  Drainage and storm water.


             (1)  Natural drainage patterns and natural stream channels shall be maintained wherever possible.


             (2)  Stream channels subject to the jurisdiction of the State Department of Natural Resources or U.S. Army Corps of Engineers shall not be altered without written approval from all applicable agencies.


             (3)  Existing drainage from an adjacent property that is upstream may not be blocked or restricted in any way.


             (4)  The flow rate discharged from the development must not exceed the discharge under existing land use conditions for both the ten-year frequency design storm and the 100-year frequency design storm. Storm runoff may not be discharged directly onto an adjoining property only at the same location as the existing discharge to prevent damage to downstream property.


             (5)  The subdivider shall design and construct a drainage system to handle surface water from the entire subdivision and the drainage area of which it is a part.


             (6)  The designer shall show drainage computations to exhibit compliance with the standards contained in this chapter and evaluate the ability of the existing and proposed drainage system to handle the runoff.


                   (a)  This report must be certified by a registered professional engineer or land surveyor in the state.


                   (b)  The report shall address both existing and proposed conditions and shall address the following:


                        1.     Hydrologic information and calculations, including drainage areas, soil types, topography, methodology and peak discharges for each design storm;




                        2.     Hydraulic calculations for ditches, gutters, inlets, pipes, culverts, bridges or other conveyance system to show capacity of all drainage infrastructures is adequate; and


                        3.     Where retention or detention areas are part of the drainage system, calculations must be provided for the inflow and outflow of the proposed holding area, the peak discharge, and peak storage elevation. The peak discharge shall be compared to the existing (pre-developed) conditions.


             (7)  Underdrains shall be provided unless a Geotechnical Report proves that they are not necessary. Underdrains shall meet the following criteria.


                   (a)  The trench shall be lined with geotextile fabric when silt or loam soils will be encountered.


                   (b)  The perforated drain pipe shall be at least four inches in diameter or of an equivalent area.


             (8)  The minimum trench width shall be 12 inches to allow four inches on each side of the underdrain pipe. If large pipe is used, the trench should be widened accordingly.


             (9)  The trench shall be backfilled with Size No. 8 or 9 course aggregate.


           (10)  The drain shall be at least 12 inches below the subgrade of the road.


           (11)  The minimum grade for underdrain pipe is 0.3%.


           (12)  The storm drainage system shall be separate and independent of any sanitary sewer system.


           (13)  Design rainfall depths and rainfall intensities used to calculate runoff shall be taken from NOAA’s National Weather Service for the observation site nearest to the subdivision


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(National Weather Service, office of Hydrologic Development, Hydrologic Data Systems Branch, Hydrometeorological Design Studies Center).


           (14)  Storm sewers on local and subdivision streets shall be designed so that a ten-year frequency design storm will not create gutter spread more than four feet into the travel lane and have hydraulic capacity to flow without pressure in the pipe network.


           (15)  Curb inlets may not be spaced more than 400 feet apart or 400 feet from the crest of a high point in the road profile.


      (M) Water supply.


             (1)  The developer shall install a public water system to serve the project, where the subdivision is classified as urban subdivision or where a public water system is available within one-quarter mile (1,320 feet) of any point on the boundary of the proposed subdivision. Written authorization to connect to the public water system must be provided from the public water utility.


             (2)  The water system must comply with the Great Lakes Upper Mississippi River Board of State Public Health and Environmental Managers Recommended Standards for Water Works. If the water utility or service provider requires a higher standard, the subdivider shall comply with all the requirements. The developer is responsible for obtaining all necessary approval from the State Department of Environmental Management.


             (3)  Fire hydrants shall be installed with a maximum spacing of 1,000 feet between hydrants and must not be more than 500 feet from any residence within the subdivision.


             (4)  The location of all water supply system components, including but not limited to main piping, valves and hydrants shall be shown on the improvement plans. All the improvements shall be installed at the cost of the developer.


             (5)  Where a public water system is not available for connection of the proposed subdivision, the developer shall provide individual water supply on


each lot of the subdivision through use of on-site wells. The developer is responsible for making sure that the water is safe to drink under the standards of the EPA and the authority of the Safe Drinking Water Act, being 42 U.S.C. §§ 300f et seq.

                   (a)  Each lot’s water supply shall be tested, at a minimum, for nitrates and for the presence of coliform bacteria, as well as any other specific contaminates that may requested by the County Health Department based on knowledge of the project area.


                   (b)  The developer is responsible for the testing and the associated cost for the testing. Proof of testing and test results shall be provided to the County Health Department prior to occupation of any lot.


             (6)  The developer shall obtain written acknowledgment from the County Health Department that appropriate procedures and guidelines have been met by the developer for the proposed water supply.


      (N) Sewage disposal.


             (1)  The developer shall install a sanitary sewer system to serve the entire subdivision, where the subdivision is classified as urban subdivision or where an existing state approved sewer system is available within one-quarter mile (1,320 feet) of any point on the boundary of the proposed subdivision. For purposes of this section, an available system is one with sufficient capacity that can be utilized via existing rights-of-way or easements employing gravity flow or lift stations with force mains.


             (2)  The sewage disposal system must comply with the Great Lakes Upper Mississippi River Board of State Public Health and Environmental Managers Recommended Standards for Wastewater Facilities. If the water utility or service provider requires a higher standard, the subdivider shall comply with all the requirements. The developer is responsible for obtaining all necessary approvals from the State Department of Environmental Management for construction of the sanitary sewers.


             (3)  The horizontal and vertical location of all sewer system improvements shall be shown on the


76                                                   Jackson County - Land Usage



improvement plans and installed at the cost of the developer.


             (4)  Written authorization to connect to the existing sewer system must be provided from the accepting sewage facility.


             (5)  Where a sanitary sewer system is not available, as specified in division (N)(1) above, to serve the proposed subdivision, the Commission may approve the use of private individual on-site systems (septic system) or the use of an on-site cluster septic system.


             (6)  Where individual on-site septic systems are proposed, the following requirements shall apply:


                   (a)  Each lot shall be of adequate size to accommodate two traditional (non-repairable) septic absorption fields, unless the developer provides the Commission with a written commitment to utilized repairable septic systems;


                   (b)  Evidence must be provided to the County Health Department to assure that each lot has acceptable land slopes, soil conditions, spacing from water supply wells, and lot size for the systems being proposed. A map of soil types shall be included with the improvement plans;


                   (c)  The system shall be designed and installed in accordance with current regulations of the State Department of Health and those of the County Health Department; and


                   (d)  Each system shall be entirely located on the lot being served.


             (7)  A cluster septic system designed to serve multiple lots may be approved by the Commission, where desired lot sizes, soil conditions or other special conditions exist, and only after ensuring that a binding arrangement is in place to ensure continued and effective operation and maintenance of the system. The developer must provide the Commission with the following:




                   (a)  A copy of the construction plans for the system with certification from a registered professional engineer;


                   (b)  A long term financial plan which includes a plan for collection of fees sufficient to cover the operation and maintenance of the system;


                   (c)  Qualifications of the firm or individual who will be responsible for the operation and maintenance of the system to ensure that the system remains compliant with state water quality standards;


                   (d)  Assurance that the system will have the ability to continuously operate during electrical power outages;


                   (e)  Assurance that all required inspections and reports required by IDEM, ISDH and the County Health Department will be completed; and


                   (f)   Provisions authorizing the county to collect fees and levy fines against the property owners singly and collectively in the event that the system is not operated and maintained as proposed.


      (O)  Pedestrian facilities.


             (1)  Sidewalks shall be required on at least one side of the street on all urban subdivisions, any subdivisions with lot sizes less than one-third acre, and in subdivisions adjacent property where sidewalks or other pedestrian facilities exist.


             (2)  Where a proposed subdivision, which requires sidewalks, is intersected by or adjacent to an existing street without sidewalks, the developer shall add sidewalks to such existing streets.


             (3)  Sidewalks shall be located inside the street right-of-way as shown on the typical street cross sections of this chapter. The Commission may approve an alternate location of the pedestrian facility where unusual terrain or land features prevent placement according to the standards.




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             (4)  Sidewalks shall be constructed at least four inches thick and five feet wide from 3,000 psi strength cement concrete. Where pedestrian trails are approved in areas other than along streets, the Commission may approve the use of hot mix asphalt (HMA). Where HMA is used, it shall be constructed with three inches HMA over four inches Compacted Aggregate No. 53.


             (5)  Concrete sidewalks shall have contraction joints no more than six feet apart, with a depth one-fourth the thickness of the sidewalk.


             (6)  Sidewalks shall meet Americans with Disabilities Act (ADA) requirements, being 42 U.S.C. §§ 12101 et seq., for clearances and slopes.


             (7)  Sidewalk ramps are required where sidewalks intersect or cross streets. At these locations, the ramp shall be flush with the gutter at the edge of the street and provide for positive drainage away from the ramp. Drainage structures shall not be located within the limits of a sidewalk ramp.



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      (P)  Monuments and markers.


             (1)  The improvement plans shall show both the location and type of monuments and markers to be installed. All monuments and markers must be installed by the developer prior to the county accepting the construction of the subdivision improvements or the release from financial guarantees.


             (2)  Monuments and markers shall be placed so that the marked point shall coincide with the intersection of lines to be marked, and shall be set so that the top of the monument or marker is level with the surface of the surrounding ground after final grading. Monuments and markers shall be installed as required by the following sections.


                   (a)  Monuments shall be set at the following locations:


                        1.     Intersections of all lines forming angles in the boundary of the subdivision;


                        2.     Beginning and end of all curves that form part of the boundary of the subdivision; and


                        3.     Intersections of all existing and proposed street right-of-way lines with the boundary of the subdivision or with another street right-of-way.


                   (b)  Markers shall be set at the following locations:


                        1.     All intersections of lot lines with other lot lines, boundary lines or street right-of-way;


                        2.     Intersections of all lines forming angles in lot lines or street right-of-way lines inside the subdivision; and


                        3.     Beginning and end of all curves that form part of a lot line or street right-of-way line within the subdivision.




             (3)  Monuments shall be concrete with a minimum size of four inches by four inches by 36 inches deep, and shall be marked on top with an iron or copper dowel imbedded in the concrete and flush with the top surface. Along street right-of-way, standard INDOT right-of-way markers may be used as an alternative monument. A copy of the INDOT R/W marking is shown in the figure, Sample INDOT Standard Survey Monuments, in division (O)(7) above.


             (4)  Where a monument must be located in pavement, a one-inch diameter by five-inch long steel rod shall be placed in concrete and protected by a ring and cover as shown in the INDOT standard drawings for survey line monuments. A copy of the detail is included as the figure in division (O)(7) above.


             (5)  Markers shall be steel or iron bars at least 30 inches long by five-eighths inch in diameter.


             (6)  When a section corner is located within or adjacent to the subdivision, the section corner shall be marked as directed by the County Surveyor.


      (Q)  Public sites, common areas and open space.


             (1)  Where locations for parks, schools, playgrounds or other public uses are shown in the County Comprehensive Plan and located in whole or in part within the subdivision area, the Commission may require the reservation of the area for a period of five years from the date of secondary plat approval. Where deemed essential by the Commission upon consideration of a development based on the particular type or size, especially a large development that was not anticipated by the Comprehensive Plan may also require the same reservation of land for a five-year period.


             (2)  Any portion of the subdivision designated as common facilities or open space shall remain undivided. Ownership of the land may be one of the following methods:


                   (a)  The land may be owned through undivided interest of each lot owner;


                   (b)  A lot owners association may own the land under the following criteria:



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                        1.     The association shall be responsible for insurance and taxes on the land with the authority to place liens on the property of any of its members who fail to pay association dues in a timely manner;


                        2.     The association shall have adequate staff or contracts with outside vendors to manage the common facilities, maintain the land in good condition, and handle the financial and business affairs of the association; and


                        3.     The association shall provide an annual report with a list of association officers to the Plan Commission.


                   (c)  A recognized land trust or conservancy group which must be an incorporated non-profit organization having as a primary purpose the conservation of open space, natural areas and/or agricultural land; or


                   (d)  Dedicated to the county, only if the County Board of Commissioners accept the dedication.


      (R)  Survey, plans and plat standards.


             (1)  All surveys shall be conducted and plats prepared by a registered land surveyor and in accordance with Rule 12 of the Indiana Administrative Code, being 865 I.A.C. 1-12-1 et seq., and any amendments thereto. Where a conflict may arise between Rule 12 and this chapter, the stricter standard shall be applied.


             (2)  Improvement plans may be prepared by either a registered land surveyor or a registered professional engineer in the state.


             (3)  All plans and plats shall be neat, legible, reproducible and reducible. Plans and plats shall conform to the following criteria:


                   (a)  Drawing sheets shall be no larger than 36 inches wide by 24 inches tall;




                   (b)  The scale on plans and plats should be as large as possible for clarity and reproducibility. However, horizontal scale shall by at least one inch to 60 feet, with one inch to 50 feet or larger being preferred. Vertical scale for roadway or sewer profiles shall be either one inch to ten feet or one inch to five feet. Roadway cross sections also shall be either one inch to ten feet or one inch to five feet, with horizontal and vertical scales being the same; and


                   (c)  All plan and plat sheets containing symbols or abbreviations must also contain a legend for such symbols and abbreviations.


      (S)  Miscellaneous.


             (1)  All infrastructure proposed to be installed shall be shown on the improvement plans with financial guarantee provided to the appropriate agencies of whom will eventually take ownership of the facilities.


             (2)  At a minimum the following infrastructure items shall be shown in the plans and included in the cost estimate provided to the county.


             (3)  The required amount of financial guarantees will be based on this estimate:


                   (a)  Site grading (including detention areas, if applicable);


                   (b)  Erosion control (includes silt fence, ditch check dams and temporary seeding);


                   (c)  Traffic control and street signage (includes construction signs, street name signs and subdivision name sign);


                   (d)  Streets, sidewalks, guardrail and storm drainage;


                   (e)  Landscaping (may include berms, plantings and fence); and


                   (f)   Sanitary sewer and water supply.

(Ord. 2008-2, passed 8-5-2008)





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IMPROVEMENTS AND FINANCIAL GUARANTEES



§ 152.115 COMPLETION OF IMPROVEMENTS.


      All improvements required by the Commission, including, but not limited to streets, sidewalks, water and/or sewer utilities and erosion control shall be shown on the improvement plans and must be completed within two years from the date of approval, with the following exceptions:


      (A)  If sidewalks are to be installed as lots are developed, the County Commissioners may approve time extensions for sidewalk completion with the submission of an appropriate financial guarantee. Each extension shall be for a maximum of two years, and no more than three extensions may be granted. In deciding whether to grant the extension, the Commissioners shall consider the degree of completion of construction in the subdivision, the effect of the extension on property owners in the subdivision, and weather or other conditions affecting construction;


      (B)  The County Highway Engineer may make a recommendation to the County Commissioners to approve a time extension for installing the final paving course (surface coat) with the submission of an appropriate financial guarantee. The time extension shall be for a maximum of one year, and only one such extension may be granted. In making the recommendation, the engineer shall consider the degree of the completion of the subdivision, the effect of the extension on property owners in the subdivision, and weather or other conditions affecting the construction. The Commissioners’ decision shall be final; and


      (C)  The Commissioners may approve other extensions of time with the submission of an appropriate financial guarantee if unusual conditions exist that impede timely completion. In deciding whether to grant the extension, the Commissioners shall consider the degree of the completion of the


subdivision, the effect of the extension on property owners in the subdivision, and weather or other conditions affecting the construction.

(Ord. 2008-2, passed 8-5-2008)



§ 152.116 SECONDARY APPROVAL AND

PERFORMANCE GUARANTEES.


      (A)  A subdivision plat may be recorded only after a subdivision improvement agreement is accepted by the county and secondary approval has been given as specified in this chapter.


      (B)  Secondary approval shall not be given until one of the following has been accomplished:


             (1)  The County Commissioners has accepted for perpetual maintenance required public improvements and all improvements have been inspected and satisfactorily completed in accordance with the approved plans; and


             (2)  The applicant has posted financial guarantees in an amount equal to 100% of the cost of the improvements. The form and length of these performance guarantees must be acceptable to the County Attorney. If time extensions are granted, the cost estimate must be reviewed and the amount of the guarantee increased if necessary.

(Ord. 2008-2, passed 8-5-2008)



§ 152.117 MAINTENANCE GUARANTEES.


      (A)  As a condition of the acceptance of completed improvements and/or release of financial guarantees posted under the terms of this section, the subdivider shall post with the County Commissioners financial guarantees ensuring maintenance of the improvements in good repair.


      (B)  These guarantees shall be in an amount equal to a minimum of 25% of the estimated cost of all improvements and shall be in effect for a period of three years.

(Ord. 2008-2, passed 8-5-2008)




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§ 152.118 FORM OF FINANCIAL

GUARANTEES.


      A surety bond shall be considered the acceptable form of a financial guarantee. Letters of credit are not acceptable.

(Ord. 2008-2, passed 8-5-2008)



§ 152.119 RELEASE OF FINANCIAL

GUARANTEES.


      (A)  After completion of all public improvements and prior to the release of the performance guarantee on the improvements, the subdivider shall provide drawings showing “as-built” plans for any substantial change, such as the actual location of road improvements, sanitary and storm sewer improve-ments, water mains, fire hydrants, improvements, valves and stubs, monuments and markers, drainage facilities and other installed permanent improvements.


             (1)  A registered engineer or land surveyor shall certify this map.


             (2)  One copy of these plans shall be submitted to the County Highway Department and one copy shall be submitted to the office of the Building Commissioner.


      (B)  The County Commissioners may grant a partial release from a financial guarantee for portions of the improvements which are complete and accepted by them, provided that the maintenance guarantee as specified in this chapter is posted for that portion of the improvements.


      (C)  The financial guarantee shall not be released until:


             (1)  The subdivider has provided acceptable evidence that an entity has been established to maintain any common facilities, including but not limited to open space, recreational facilities, pedestrian systems and drainage facilities; and


             (2)  The sidewalks are complete.

(Ord. 2008-2, passed 8-5-2008)



§ 152.120 INSPECTION.


      (A)  Preconstruction. Before beginning any work within the subdivision, the developer shall meet on the site with the County Highway Engineer or his or her representative.


      (B)  Construction.


             (1)  The appropriate county officials shall inspect and require that the installation of all improvements take place in accordance with plans approved by the Commission.


             (2)  The county shall have authority over the schedule of construction, materials used, methods of construction and workmanship to ensure compliance with the approved plans.

(Ord. 2008-2, passed 8-5-2008)




ENFORCEMENT



§ 152.135 PLAT VALIDITY.


      (A)  No plat of any “subdivision of land,” as defined by this chapter, shall be entitled to record in the County Recorder’s office or have validity until approval is granted under the terms of this chapter.


      (B)  Any such plat not properly approved shall not be entitled to an improvement location permit or a building permit.

(Ord. 2008-2, passed 8-5-2008)



§ 152.136 COMPLAINT.


      (A)  Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint.


      (B)  The complaint stating fully the causes and basis thereof shall be filed with the staff.




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      (C)  The staff shall properly record the complaint and immediately investigate.

(Ord. 2008-2, passed 8-5-2008)




§ 152.999 PENALTY.


      (A)  Civil subdivision control violations.


             (1)  Any person who is in violation of this chapter shall be deemed to have committed a civil subdivision control violation and may be issued a citation by the designated enforcement entity. This chapter is included under a list of ordinances scheduled for the jurisdiction of the Ordinance Violations Bureau.


             (2)  Each day a violation remains uncorrected is a distinct and separate civil subdivision control violation subject to an additional citation and fine in the amount prescribed below, provided a warning ticket has first been issued.


                   (a)  The monetary fine for each civil subdivision control violation shall be $100, except that for a repeated subdivision control violation, the following fines shall apply: second citation: $150; each citation in excess of two: $200.


                   (b)  All fines prescribed by this section for civil subdivision control violations shall be paid within 72 hours to the Violations Clerk of the Ordinance Violations Bureau, who shall render to the person making the payment a receipt stating the amount and purpose for which the fine has been paid, and duplicate of which shall be made a part of the records of the Plan Commission. All fines thus received shall be deposited with the County Treasurer.


      (B)  Citation for civil subdivision control violations.


             (1)  The Building Commissioner and/or his or her duly authorized designees, as designated at a County Commissioner’s meeting, may issue a civil subdivision control violation to a person who commits a civil subdivision control violation to the legal owner,


the contract vendee, or any person or entity with a possessory interest in the real estate upon which the violation occurs. The citation may be served by personal service, by certified mail or by placement in a conspicuous place on the property where the violation occurs and shall serve as notice to a person that he or she has committed a civil Subdivision Control Ordinance violation.


             (2)  No citation shall be issued for the first offense unless the person who commits a civil subdivision control violation or the legal owner, the contract vendee or any person or entity with a possessory interest in the real estate upon which the violation occurs has been issued a warning ticket before the issuance of the citation to allow the person to correct the violation to come into compliance with the prescribed Subdivision Control Ordinance or regulations.


             (3)  A person who receives a warning ticket or a citation may either choose to abate the violation or file a petition for a subdivision plat, a Subdivision Control Ordinance modification, or other means provided by this chapter to correct the violation. A person who elects to file such a petition shall indicate this intent in writing to the issuing agency. A person shall have ten working days after issuance of the warning ticket to file the petition, and additional monetary fines shall be stayed upon the filing of the petition, as long as the violation does not continue at the real estate. A person who files the petition within the time period shall pursue the petition in an expeditious fashion. If the petition is denied, withdrawn or dismissed for want of prosecution, and the civil subdivision control violation continues at the real estate, then a lawsuit will be commenced by the designated enforcement entity in a court of competent jurisdiction in the county.


             (4)  If a person believes that the warning ticket or citation received results from an incorrect interpretation of the county code by a county official, the aggrieved person may file an administrative appeal of the decision for a hearing by the Board of Zoning Appeals. The appeal shall be on the form prescribed and shall include payment of the appropriate filing


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fee. A person who elects to file such an appeal shall indicate this intent in writing to the issuing agency. A person shall have ten working days after issuance of the warning ticket to file the appeal, and additional monetary fines as prescribed in this chapter shall be stayed upon the filing of the appeal, as long as the violation does not continue at the real estate. A person who files the appeal within the time period shall pursue the appeal in an expeditious fashion. If the BZA upholds the interpretation of the Subdivision Control Ordinance that led to issuance of the warning ticket or citation, and the civil subdivision control violation continues at the real estate, then a lawsuit will be commenced by the designated enforcement entity in a court of competent jurisdiction in the county.


             (5)  If the violation is determined by the Building Commissioner or his or her designee to be a threat to public health or safety, the Director or his or her designee may order the land use or activity to cease and desist immediately, regardless of whether a warning ticket or citation has been issued.


             (6)  The warning ticket shall be in the form prescribed by the Plan Commission.


             (7)  The citation shall appear on serialized, designated form and be in the form prescribed by the Plan Commission.


      (C)  Trial for civil subdivision violations.


             (1)  A person who receives a citation may elect to stand trial for the offense by indicating on the citation his or her intent to stand trial and returning a copy of the citation to the Building Commissioner. The returned copy of the citation shall serve as notice of the person’s intent to stand trial, and additional monetary fines prescribed in this chapter shall be stayed upon receipt of the notice. On receipt of the notice of intention to stand trial, a lawsuit will be commenced by the Plan Commission Attorney in a court of competent jurisdiction in the county. The matter shall be scheduled for trial, and a summons and order to appear shall be served upon the defendant.




             (2)  If a person who receives a citation fails to pay the assessed fine within 72 hours and fails to give notice of his or her intention to either file a petition, an appeal or stand trial as prescribed above, the Plan Commission Attorney may file a civil lawsuit as prescribed by applicable laws and ordinances, and seek penalties as prescribed in this section.


             (3)  A person adjudged to have committed a civil subdivision control violation is liable for the court costs and fees. No cost shall be assessed against the enforcement agency in any such action. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction, thereof be fined $2,500 and, in addition, shall pay all costs and expenses involved in the case, including but not limited to mediation costs, court costs, coverage of reasonable attorney fees, short-term and long-term mitigation of damages, and restoration and restitution. Each day the violation continues shall constitute a separate offense.


             (4)  In proceedings before the court for a civil subdivision control violation, the State Rules of Trial Procedure shall govern. The designated enforcement entity has the burden of proving the civil subdivision control violation by a preponderance of the evidence.


             (5)  Seeking a civil penally as authorized by this section does not preclude the county from seeking alternative relief from the court in the same action, or from seeking injunctive relief or other remedy in a separate action for the enforcement of this code.


             (6)  A change of venue from the county shall not be granted in such a case, as provided in I.C. 36-7-4-1014.


      (D) Improvement location permits. Any person who violates any of the provisions of § 152.014 shall be liable for a penal fine. The penalty shall be a fine of not less than $250 or more than $2,500, plus costs. Each day of violation shall constitute a distinct and separate offense.

(1983 Code, § 6-102-5)

(Ord. passed 1-20-1969; Ord. 1985-3, passed - -; Ord. 2008-2, passed 8-5-2008)


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APPENDIX A: CERTIFICATES AND NOTATIONS


      (A)  Surveyor certificate. The following certificate shall appear on all plats:

 

I, (name) hereby certify that I am a professional land surveyor, licensed in compliance with the laws of the State of Indiana; that, to the best of my knowledge, this plat correctly represents a survey completed by me, or under my direct supervision on (date); that any changes from the description appearing on the last record transfer of the land contained in the secondary plat are so indicated; that all monuments shown thereon actually exist or will be installed (before the release of the financial guarantees) and their position is correctly shown, and, that all dimensional and geodetic data are correct.

             ________________________

(Signature)(Seal)



      (B)  Owner certificate. The applicable portions of this certificate shall appear on all plats:

 

We, the undersigned (names) owners of the real estate shown and described herein, do hereby certify that we plat and subdivide the real estate in accordance with this plat.

 

The subdivision shall be known and designated as ______________, consisting of blocks and containing lots and acres.

 

All rights-of-way and public lands shown and not heretofore dedicated or deeded to the public are hereby reserved for public use.

 

Clear title to the land contained in this plat is guaranteed. Any encumbrances and special assessments are explained as follows:

 

The setback lines shall be determined by the regulations of the Jackson County, Indiana Zoning Ordinance of current adoption.

 

There are strips of ground shown on this plat and marked easement, reserved for the use of public utilities and subject to the paramount right of the utility or County to install, repair, maintain or replace its installation.

 

All drainage easements identified on the plat are specifically authorized to be used for drainage purposes. All grades shall be maintained as constructed. Additional cut and fill work within drainage easement areas is prohibited unless authorized by the Jackson County Plan Commission.

 

WITNESS OUR HANDS AND SEALS this ____ day of ___________________, 20____.

 

Before me, the undersigned Notary Public, in and for the County and State, personally appeared and each separately and severally acknowledged the execution of the foregoing instrument as his or her voluntary act and deed, for the purposes therein expressed.

 

Witness my hand and Notarial Seal this _____day of ______________, 20___.

 

Notary Public (Seal)


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      (C)  Primary approval certificate. Plan commission primary approval certificate (for all plats, which are approved by the full Plan Commission).


PRIMARY APPROVAL

 

Under authority provided by I.C. 36-7-4-700, Subdivision Control, and any amendments thereto, this plat was given PRIMARY APPROVAL by Jackson County, Indiana, as follows:

 

Approved by the County Plan Commission at a meeting held _______________ , 20___.


             ____________________________

President

             ____________________________

Secretary


 

Void unless Secondary Approval is received by 20____.



      (D) Secondary approval certificate.


SECONDARY APPROVAL

 

All conditions of Primary Approval have been met and this plat is granted SECONDARY APPROVAL.

 

Approved by the Building Commissioner __________________, 20____.

 

_____________________________________

Building Commissioner

 

Void unless Recorded by___________________, 20____.



      (E)  Plat Committee minor plat approval.


PRIMARY APPROVAL

 

Under authority provided by I.C. 36-7-4-700, Subdivision Control, and any amendments thereto, this plat was given PRIMARY APPROVAL by Jackson County, Indiana, as follows:

 

Approved by the Plat Committee at a meeting held _______________________, 20____.

 

______________________

Chairperson

______________________

Secretary

 

Void unless Secondary Approval is received by _______________________, 20____.



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      (F)  Improvement plans certificate.


IMPROVEMENT PLANS

 

This document contains or is a part of the approved improvement plans for the following subdivision: __________________________________.

 

The improvements to be installed in this subdivision will not be accepted for maintenance by the Board of Public Works and Safety unless and until all improvements shown hereon have been installed and are in substantial compliance with these plans.

 

______________________________________

County Highway Engineer

 

________________________

Date



      (G)  Dedication certificate.


COUNTY COMMISSIONERS DEDICATION ACCEPTANCE

 

Be it resolved by the County Commissioners of Jackson County, Indiana, that the dedications shown on this plat are hereby approved and accepted this ________ day of_____________, 20_____.

 

_____________________________________

Chairperson

 

_________________________

Attest



      (H) Tax certificate. The following certificate shall appear on all plats:


TAX CERTIFICATE

 

The real property has been duly entered for taxation and transferred on the records of the Auditor of Jackson County this ______day of __________________, 20_____.

 

_________________________________

Jackson County Auditor



      (I)   Flood hazard notation. All plats located within or partially within the flood hazard area shall add the following notation to the owner’s certificate:

 

Minimum flood protection: The minimum flood protection grade in ____________ is set at or above _______ feet, M.S.L., which is two (2) feet above the 100-year frequency flood.



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The above certificate is not required for administrative plats in Zone A (elevation undetermined); however, the extent of the floodplain as show on the FIRM or FBFM must still be shown on the plat.



      (J)   Private access easement or street notation. Those plats containing private access easements or private streets shall add the following notation to the owner’s certificate:

 

This plat contains property shown as private [access easements] [streets]. The responsibility for maintenance and snow removal shall be assumed by the property owners and not by the County.



      (K)  Recording notations.


             (a)  Recording is hereby authorized by the owners:


             (b)  Entered for taxation this ____ day of ______________


             (c)  Recorded in Plat Book ____________, page number _____________, this the _________day of

________________, 20___.


             Instrument No. _________


             Fee Paid


             _____________________________________________________

             Recorder, Jackson County


             (d)  Copy of plat received by Assessor



      (L)  Replat notation. Replats and plat amendments shall contain the following as part of the recording notation:


      Notation made on the original plat of __________

      ____________________________

      Book , Page, Plat



      (M) Sewage system covenant. As required by the Subdivision Control Ordinance, the covenants applying to any major subdivision utilizing an alternative sewage disposal system shall include the following:

 

The (Name of Subdivision) Lot Owners Association shall be responsible for the repair, maintenance, improvement, and replacement of the sewage disposal system installed within (Name of Subdivision) pursuant to the provisions of the Subdivision Control Ordinance of Jackson County, Indiana.


(Ord. 2008-2, passed 8-5-2008)


 


CHAPTER 153: ZONING CODE



Section


General Provisions

 

      153.01   Title

      153.02   Definitions

      153.03   Districts

      153.04   Authorized uses

      153.05   Use requirements

      153.06   Planned developments

      153.07   Improvement location permits

      153.08   Administration; enforcement; appeals


Sexually Oriented Businesses

 

      153.20   Purpose and findings

      153.21   Definitions

      153.22   Location restrictions

      153.23   Measurement of distance

      153.24   Existing businesses; grandfather provisions

      153.25   Advertising and display; lighting

      153.26   Injunction

 

      153.99   Penalty

Editor’s note:

      The Jackson County Comprehensive Plan was

        adopted by the County Commissioners on

        September 19, 2006 in Res. 2006-4.




GENERAL PROVISIONS



§ 153.01 TITLE.


      This chapter may be cited as the “Jackson County Zoning Ordinance,” “Brownstown Zoning Ordinance,” “Crothersville Zoning Ordinance,” or “Medora Zoning Ordinance” as may be applicable.

(1983 Code, § 6-101-1)


§ 153.02 DEFINITIONS.


      For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.


      ACCESSORY BUILDING. A subordinate building or structure that is located on the same lot as a principal building and not used or designated for human occupancy.


      ACCESSORY USE. A subordinate use that relates to the same lot as a primary use and is a use other than human occupancy, except as specified otherwise.


      ADVERTISING SIGN OR BILLBOARD.


             (1)  A sign that advertises products or services not sold or distributed on the premises on which the sign is located.


             (2)  A sign shall include any sign, display, devise, notice, bulletin, figure, painting, drawing, message, placard, poster, billboard or other thing which is designated, intended or used to advertise or inform, whether permanent or portable.


             (3)  The term shall not include signs which advertise activities conducted on the property upon which it is located, or which advertise the sale or lease of property upon which it is located.


             (4)  The term excludes directional or other official signs and notices including, but not limited to, natural wonders, scenic and historical attractions which are authorized or required by law.


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             (5)  The term shall also exclude signs related to the location of recognized not-for-profit entities and political campaign signs.


      AGRICULTURAL BUILDING. A structure utilized for the conduct of farming operations but it does not include a dwelling.


      ALLEY. A right-of-way, other than a street, road, crosswalk or easement, that provides secondary access for the special accommodation of the abutting property.


      BLOCK. An area that abuts a street and lies between two adjoining streets or barriers such as a railroad right-of-way or a waterway.


      BOARD. The Board of Zoning Appeals of the County of Jackson, Indiana, or the Town of Brownstown or Crothersville, or Medora, Indiana, as may be applicable.


      BOARDING HOUSE. A building, not available to transients, in which meals are regularly provided for compensation for at least three but not more than 30 persons.


      BUILDING. A roofed structure for the shelter, support, enclosure or protection of person, animals or property.


      BUILDING AREA. The horizontal projected area of the buildings on a lot, excluding open areas or terraces, unenclosed porches not more than one story high, and architectural features that project no more than two feet.


      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 line.


      BUSINESS. Refers to the purchase, sale or exchange of goods or services, or the maintenance for profit of offices or recreational or amusement enterprises.


      BUSINESS DISTRICT. Refers to AB, LB, GB and SC Districts.



      CEMETERY. Includes any columbarium, crematory, mausoleum or mortuary operated in conjunction with and on the same tract as the cemetery.


      CLINIC. An establishment in which patients are admitted for medical or dental study or treatment and in which the services of at least two physicians, dentists or chiropractors are provided.


      COMMISSION. The Jackson County Plan Commission.


      CORNER LOT. A lot at the junction of and abutting two intersecting or intercepting streets.


      COUNTY. Jackson County, Indiana.


      DETACHED BUILDING. A building that has no structural connection with another building.


      DWELLING. A building or part of a building that is used primarily as a place of abode, including mobile home as defined herein, but not including a hotel, motel, lodging house, boarding house or tourist home.


      DWELLING UNIT. A dwelling or part of a dwelling used by one family as a place of abode.


      FAMILY. One or more persons living as a single housekeeping unit, but not including a group occupying a hotel, motel, club, nurses’ home, dormitory or fraternity or sorority house.


      FARM, CONFINEMENT FEEDING. Any operation involving the production of livestock or fowl or related operations, indoors or outdoors, wherein more than 100 head of livestock or 5,000 fowl are kept within buildings or structures or in paved feed lots, wherein five square feet or less of feed lot area is provided per laying hen, or 12 square feet or less per hog weighing 225 pounds or less, or 15 square feet or less per lamb or ewe, or 50 square feet or less per sow, or 50 square feet or less per feeder steer, or 100 square feet or less per dairy cow, provided that this definition shall not apply to operations involved


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with the processing of products of confinement feeding operations.


      FARM, GENERAL. An area used for agricultural operations, including truck gardening, forestry, the operation of a tree or plant nursery, or the production of livestock and poultry except as defined under “farm, confinement feeding,” or the processing of farm products by the resident owner or tenant, but it does not include a slaughterhouse, and it shall not include engaging in farm related activities for hire unless the activities are performed on a cash rental of farmland or share rental of farmland basis.


      FEEDER STREET. A street designed to facilitate the collection of traffic from local streets and to provide circulation within neighborhood areas and convenient ways to reach primary streets.


      FRONT LINE. With respect to a building, the foundation line of the structure that is nearest the front lot line.


      FRONT LOT LINE.


             (1)  For an interior or through lot, the line marking the boundary between the lot and the abutting street; and


             (2)  For a corner lot, means the line marking the boundary between the lot and the shorter of the two abutting street segments; except as deed restrictions specify otherwise.


      FRONT YARD. A yard that is bounded by the front line of the principal buildings, by the adjacent street right-of-way, and by the segments of side lot lines that they intercept.


      GENERAL INDUSTRIAL USE. Manufacturing, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes, in which operations, other than transportation, are performed in open area.


      GROUND FLOOR AREA. The area of a building in square feet, as measured in a horizontal


plane at the ground floor level within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages and exterior stairways.


      HEIGHT. With respect to a building, the vertical distance from the lot ground level to the highest point, for a flat roof; to the deck line, for a mansard roof; and to the mean height between eaves and ridges, for a gable, hip or gambrel roof.


      HOME OCCUPATION. An occupation that is carried on entirely within a dwelling unit and only by members of the family that occupy that dwelling unit and in connection with which no goods are sold on the premises other than what is produced there, but it does not include a barber shop, a beauty parlor or an animal hospital.


      INTERIOR LOT. A lot other than a corner lot or a through lot.


      JUNK. Old iron, metal, brass, bottles, glass, rope, chains, copper, parts of machinery, tires, worn out and discarded tangible personal property, and a motor vehicle or its parts or components which cannot be economically repaired and which have outlived its usefulness and has entered a state of waste or can be characterized as discarded material.


      JUNK YARD. A place, usually outdoors, where waste or discarded used property other than organic matter is accumulated and is or may be salvaged for re-use or resale, including, but not limited to, one or more motor vehicles, machinery or equipment which are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.


      JURISDICTION OF THE COMMISSION. The unincorporated territory of the County of Jackson, with the exception of that contiguous unincorporated area over which the City of Seymour exercises territorial jurisdiction as authorized by ordinance of the Board of County Commissioners and is defined by description or map filed with the County Recorder, and the incorporated area of the Towns of Brownstown, Crothersville and Medora, Indiana.



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      KENNEL. A place primarily for keeping four or more dogs, or other small animals, that are ordinarily kept as pets and are at least four months old.


      LIGHT INDUSTRIAL USE. Manufacturing, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes, in which all operations, other than transportation, are performed entirely within enclosed buildings and for which all loading and unloading facilities are enclosed.


      LOCAL STREET. A street designed primarily to provide access to abutting properties.


      LODGING HOUSE. A building, not available to transients, in which lodgings are regularly provided for compensation for at least three but not more than 30 persons.


      LOT. An area of land, exclusive of street areas but including adjacent areas that are used as one, at least 60% of whose lot width abuts a street.


      LOT COVERAGE. The percentage of the lot area that is represented by the building area.


      LOT GROUND LEVEL.


             (1)  For a building having walls abutting (that is, generally parallel to and not more than five feet from) one street only, shall mean the elevation of the sidewalk at the center of the wall abutting the street;


             (2)  For a building having walls abutting more than one street, shall mean the average of the elevations of the sidewalk at the centers of all walls that face streets; and


             (3)  For a building having no wall abutting a street, shall mean the average level of the ground adjacent to the exterior walls of the building.


      LOT WIDTH. The distance between the side lot lines as measured on the building line.


      MINERAL EXTRACTION.


             (1)  Mining or quarrying; and


             (2)  Removal of earth materials.


      MOBILE HOME. A vehicle or other portable structure more than 30 feet in length that is designed to move on the highway and designated or used as a dwelling, as manufactured.


      MOBILE HOME PARK. Any area of land on which one or more mobile homes are regularly accommodated with or without charge, on a lease or rental of space basis, including any building or other structure, fixture or equipment that is used or intended to be used in providing that accommodation. The definition shall not include those situations where the land and the mobile home are under the ownership of one person or entity.


      NONCONFORMING USE. A use that exists at the time a provision of this chapter is passed but does not comply with it.


      OPEN USE. The use of a lot without a building, or a use for which a building with a floor area no larger than 5% of the lot area is only incidental.


      OUTDOOR COMMERCIAL RECREATIONAL ENTERPRISE. Open to the public or members only, non-governmental facilities, adjuncts and appurtenances necessary or proper to the operation of a park like facility, including, but not limited to, means of ingress and egress and interior arterial systems; food and lodging facilities; camping areas; boating facilities; public participation sports facilities; parking lots; garages; temporary transient trailer or recreational vehicle sites; communication systems; sewers, drains and other sanitary facilities for the treatment of sewage, garbage and wastes, and the furnishing of utility service necessary to serve the property; and other buildings and facilities whose acquisition and use are consistent with the above, subject to the specific provisions that the facilities are substantially being utilized by patrons on a temporary or transient basis as opposed to that type of facility


Zoning Code93



which would have patrons on a permanent, semi-permanent or seasonal basis.


      PERSON. Includes a corporation, firm, partnership, association, organization or any other group that acts as a unit.


      PLAT. A map or chart that shows a division of land and is intended to be filed for record.


      PRIMARY SHEET. A street designed for high volume traffic.


      PRINCIPAL BUILDING. A building in which the principal use of the lot on which it is located is conducted, including a building that is attached to such a building in a substantial way, such as by a roof (with respect to residential uses, it means the main dwelling).


      PRIVATE GARAGE. A garage whose principal use is to house motor vehicles for the accommodation of related dwelling units or related business establishments.


      PRIVATE RECREATIONAL DEVELOPMENT. Open to the public or members only, non-governmental facilities, adjuncts and appurtenances necessary or proper to the operation of a park like facility, including, but not limited to, means of ingress and egress and interior arterial systems; food and lodging facilities; camping areas; boating facilities; public participation sports facilities; parking lots; garages; temporary transient trailer or recreational vehicle sites; communication systems, sewers, drains and other sanitary facilities for the treatment of sewage, garbage and wastes, and the furnishing of utility service necessary to serve the property; and other buildings and facilities whose acquisition and use are consistent with the above, subject to the specific provisions that the facilities are substantially being utilized by patrons on a permanent, semi-permanent or seasonal basis as opposed to that type of facility which would have patrons on a temporary or transient basis.


      PRIVATE SCHOOL. A school other than a public school.


      PROFESSIONAL OFFICE. An office used by members of a recognized profession such as architects, artists, dentists, engineers, lawyers, musicians, physicians and surgeons.


      PUBLIC CAMP. An area of land used or designed to be used to accommodate two or more camping parties, including cabins, tents or other camping outfits, but not including a travel trailer park.


      PUBLIC GARAGE. A garage, other than a private garage, whose services are available to members of the public or to persons occupying a hotel, club or similar facility.


      PUBLIC STREET. A street established for or dedicated to the public use.


      REAR LOT LINE. For an interior or corner lot shall mean the lot line that is opposite the front lot line and farthest from it, except that for a triangular or other irregularly-shaped lot it shall mean the line ten feet long, parallel to the front lot line, and wholly within the lot, that is farthest from the front lot line.


      REAR YARD. A yard that extends across the full width of a lot and is bounded on the rear by the rear lot line, and the depth of which is the least distance between the rear lot line, and the rear of the principal building.


      RECREATIONAL VEHICLE. A temporary dwelling for travel, recreation and vacation use including, but not limited to:


             (1)  CAMPING TRAILER. A collapsible or folding structure, built on a chassis with wheels and designed to move on the highway.


             (2)  MOTOR HOME. A self-propelled vehicle with a dwelling constructed as an integral part of the vehicle; and


             (3)  PICK-UP COACH. A structure designed to be mounted on a truck chassis or cut-down car;


94                                                   Jackson County - Land Usage



             (4)  TRAVEL TRAILER. A vehicle identified by the manufacturer as a travel trailer, built on a chassis eight feet or less wide and 30 feet or less long and designed to move on the highway;


      REFUSE PICK-UP STATION. Only refuse pick-up stations and transfer stations where residents of Jackson County may deposit their refuse for hauling to a landfill if the stations are under a contract between an operator and the executive of the county and shall not include any other stations not under such a contract.


      RESIDENCE DISTRICT. Refers to R1, R2, R3 and LR Districts.


      SAWMILL. A mill or machine for sawing logs, the product of the action being for sale.


      SIDE LOT LINE. A lot boundary line other than a front or rear lot line.


      SIDE YARD. A yard, between the principal building and the adjacent side lot line, that extends from the front yard, or street right-of-way where there is no front yard, to the rear yard, and the width of which is the least distance between the side lot line and the adjacent side of the building.


      SIGN. A visual device or structure used for advertising display, or publicity purposes.


      SPECIAL EXCEPTION. The authorization of a use that is designated as such by § 153.04(A) below as being permitted in the district concerned if it meets special conditions and, upon application, is specifically authorized by the Board under § 153.04(C) below.


      STREET. A right-of-way that is established by a recorded plat to provide the principal means of access to abutting property.


      STRUCTURAL CHANGE. A substantial change, or repair, excluding normal and usual repair, in a supporting member of a building, such as a bearing wall or partition, column, beam or girder, or in an exterior wall or the roof.



      STRUCTURE. Anything constructed or erected that requires location on or in the ground or attachment to something having a location on or in the ground.


      THROUGH LOT. A lot fronting on two parallel or approximately parallel streets and includes lots fronting on both a street and a watercourse or lake.


      TOURIST HOME. A building in which not more than five guest rooms are used to provide or offer overnight accommodations to transient guests for compensation.


      TOWNS. The Town of Brownstown, Crothersville or Medora, Indiana, as may be applicable.


      TRADE OR BUSINESS SCHOOL. A secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or nonprofit organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering, hair dressing or drafting or for teaching industrial or technical arts.


      TRAVEL TRAILER. A vehicle or other portable structure 30 feet or less in length that is designed to move on the highway and designed or used as a dwelling.


      TRAVEL TRAILER PARK. An area of land on which two or more travel trailers are regularly accommodated with or without charge, including any building or structure, fixture or equipment that is used or intended to be used in connection with providing that accommodation.


      VARIANCE. A special authorization, granted under § 153.04(D) below, to deviate from what the ordinance otherwise prescribes.


      YARD. A space on the same lot with a principal building that is open and unobstructed by structures except as otherwise authorized by this chapter.


      ZONE MAP. The 14 maps entitled “Jackson County, Indiana, Zone Map, Sheets 1, 2, 3, 4, 5, 6,


Zoning Code95



7, 8, 9, 10, 11, 12, 13 and 14 of 14” dated 1968; or Brownstown, Indiana, Zone Map, dated 1968; or Crothersville, Indiana, Zone Map, dated 1968; or Medora, Indiana, Zone Map, dated 1968; as may be applicable and, any amendments thereto. The ZONE MAP shall be identified by the following words: “This is to certify that this is the official zone map as defined in Section 1.2 of the Jackson County (Town) Zoning Ordinance,” and shall bear the date of adoption of this chapter. It shall be certified by the President of the Commission, by the Board of County Commissioners or Board of Trustees as may be applicable and, attested by the County Auditor or Town Clerk, as may be applicable. If, in accordance with the provisions of this chapter, changes are made in district boundaries or other matter portrayed on the zone map, the Building Commissioner shall record such changes on the official zone map together with an entry substantially conforming to the following: “On (date), by official action of the County (Town), the following change(s) were made to the zone map: (brief description of the nature of change).” The entries shall be certified in the manner prescribed above. That the maps entitled Jackson County, Indiana Zone Maps, sheets 1 through 16 originally dated 1968, prepared by Schellie Associates, Inc. and revised and updated by Bateman Engineering Co., Inc. on January 1, 1991 are conforming to the term ZONE MAPS as the original maps have been changed by official action from time to time.

(1983 Code, § 6-101-1)



§ 153.03 DISTRICTS.


      (A)  Kinds of districts; establishment. The county and towns are divided into the following kinds of districts.


             (1)  Agriculture Districts, designated A1, are established to include substantial areas where little or no urbanization has occurred or is likely to occur in the near future.


             (2)  Agricultural Districts, designated A2, are established to include substantial areas of rolling and rugged topography where little or no urbanization has occurred or is liable to occur in the near future.



             (3)  Flood Plain Districts, designated FP, are established to include areas that are within the floodplain of rivers and creeks and thus subject to inundation.


             (4)  Forest Recreation Districts, designated as FR, are established to include land that is for the most part rough terrain and where there is extensive public ownership of forest lands.


             (5)  Residence Districts, designated R1, are established to include areas for low density single-family residences only.


             (6)  Residence Districts, designated R2, are established to include areas for medium density single and two-family residences.


             (7)  Residence Districts, designated R3, are established to include areas for relatively high density single, two-family and multiple-family residences.


             (8)  Lake Residence Districts, designated as LR, are established to include areas that adjoin extensive bodies of water in the county and are suitable for seasonal or permanent residences.


             (9)  Accommodation Business Districts, designated AB, are established to include areas that are close to state highways and/or recreation lakes and are appropriate to the limited shopping and service needs of these districts.


            (10) Local Business Districts, designated LB, are established to include areas that are close to residential areas and appropriate to meeting their shopping and service needs.


            (11) General Business Districts, designated GB, are established to include areas that are appropriate to all kinds of business and services.


            (12) Shopping Center Districts, designated SC, are established to provide retail shopping facilities in areas where no clear pattern of business use now exists.


            (13) Industrial Districts, designated I, are established to include most of the existing facilities


96                                                   Jackson County - Land Usage



and areas best suited for future industrial use because of location, accessibility and other conditions.


            (14) Landfill Districts, designated LF, are established to include the existing nonhazardous landfill facilities and areas best suited for future non-hazardous landfill use because of location, accessibility and other conditions. The district shall be subject to the following provision: All requirements in the ordinances applicable to landfills shall be applicable to the new zoning district.


      (B)  Boundaries, generally.


             (1)  The boundaries of the districts established in division (A) above are as shown on the zone map. These boundaries may be seen in the office of the County Plan Commission.


             (2)  When the exact boundaries of a district are uncertain, they shall be determined by use of the scale of the zone map.


             (3)  When a right-of-way is vacated, the districts adjoining each side are respectively extended to the center of the area so vacated.


             (4)  If the boundary line of a district divides a lot having frontage on a street so that the front part of the lot lies in one district and part of the lot lies in another, a restriction that applies to the front part of the lot applies to the entire lot.


             (5)  If the boundary line of a district divides a lot in a manner essentially perpendicular to a street, that restriction which applies to the larger part of the lot applies to the entire lot.


      (C)  Boundaries; Shopping Center Districts. The boundaries of each SC District are as fixed by the Commission and posted by it on the zone map. Each district must be at least six acres in area and some part of it must be within 1,400 feet of the location corresponding to the location of an SC symbol shown on the zone map. The location of such a symbol may be changed only by amending this chapter.



      (D) Boundaries; Flood Plain Districts.


             (1)  Flood Plain (FP) district boundaries shall be as established by the Federal Emergency Management Agency (FEMA). FEMA is responsible for revising the flood insurance rate map for all communities that participate in the National Flood Insurance Program (NFIP).


             (2)  Communities can revise the Flood Plain District if they submit documentation as required by guidelines set forth by a letter of map revision (LOMR). If a LOMR is requested for a subdivision, floodway boundary change, or change of the base flood elevation (100-year frequency flood elevation) at any site, the Department of National Resources Division of Water must review and approve the request.


             (3)  The Department of National Resources will then submit the documentation to FEMA for their approval. If a community feels the area around an unstudied waterway is experiencing development pressure, the community may request that FEMA restudy the waterway and determine the floodway and 100-year frequency flood elevation.


             (4)  The zone district adjacent to FP District shall be correspondingly extended upon an approved change.

(1983 Code, § 6-101-2)



§ 153.04 AUTHORIZED USES.


      (A)  General.


             (1)  Primary uses. Primary uses are authorized in the districts established by or under § 153.03(A) above, as shown in the following table. Where the district designation is marked with an asterisk, the use is permitted in that district only if a special exception has been granted under division (C) below. Where it is marked by a double asterisk, the use is permitted in that district only if it has been approved by the Commission as necessary to the convenience of employees and the effective operation of an industrial use.




Zoning Code97



Primary use

A1

A2

FP

FR

R1

R2

R3

LR

AB

LB

GB

SC

I

LF

Residential uses

Boarding or lodging house

A1

A2

 

 

 

R2

R3

 

 

LB

GB

 

 

 

Dwelling, single family

A1

A2

 

FR

R1

R2

R3

LR

AB

LB

GB

 

 

 

Dwelling, two-family

A1

A2

 

FR

 

R2

R3

LR

AB

LB

GB

 

 

 

Dwelling, mobile home

A1

A2

 

FR

R1

R2

R3

LR

AB

LB

GB

 

 

 

Dwelling, multi-family

 

 

 

 

 

 

R3

 

AB

LB

GB

 

 

 

Farm seasonal worker housing, multi-family

A1

A2

 

FR

 

 

 

LR

AB

LB

GB

 

I

 

Fraternity, sorority or student cooperative

A1

A2

 

FR

R1

R2

R3

LR

 

LB

GB

 

 

 

Home for the aged

A1

A2

 

FR

 

 

R3

 

 

LB

GB

 

 

 

Nursing home

A1

A2

 

FR

 

 

R3

 

 

LB

GB

 

 

 

Planned residential development

A1*

A2*

 

FR*

R1*

R2*

R3*

LR*

 

 

 

 

 

 

Agricultural uses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Artificial lake of 3 or more acres

A1*

A2*

FP*

 

R1*

R2*

R3*

LR*

AB*

LB*

GB*

 

I*

 

Commercial greenhouse

A1*

A2*

 

FR*

 

 

 

 

 

LB*

GB*

 

I

 

Farm, confinement feeding

A1*

A2*

FP*

FR*

 

 

 

 

 

 

 

 

 

 

Farm, general

A1

A2

FP

FR

R1

R2

R3

LR

AB

LB

GB

SC

I

 

Greenhouse (not exceeding 1,000 sq. ft.)

 

 

 

 

 

 

 

 

AB

LB

GB

SC

I

 

Plant nursery

A1

A2

FP

FR

R1

R2

R3

LR

 

LB

GB

SC

I

 

Livestock transfer station

A1

A2

FP

FR

 

 

 

 

 

 

 

 

I

 



98                                                   Jackson County - Land Usage



Primary use

A1

A2

FP

FR

R1

R2

R3

LR

AB

LB

GB

SC

I

LF

Industrial uses

Bottled gas storage and distribution

A1*

A2*

 

 

 

 

 

 

 

 

 

 

I*

 

Industrial park

A1*

 

 

 

 

 

 

 

 

 

 

 

I*

 

Industry, general

 

 

 

 

 

 

 

 

 

 

 

 

I

 

Industry, light

 

 

 

 

 

 

 

 

 

 

GB

 

I

 

Junk yard

A1*

A2*

 

 

 

 

 

 

 

 

 

 

I*

 

Liquid fertilizer storage and distribution (Commercial)

A1*

A2*

 

 

 

 

 

 

 

 

 

 

I*

 

Manufacturing, storage or use of explosives

A1**

A2**

 

 

 

 

 

 

 

 

 

 

I**

 

Mineral extraction, borrow pit, topsoil removal and their storage areas

A1*

A2*

FP*

FR*

 

 

 

 

 

 

 

 

I*

 

Petroleum tank farm (commercial)

A1*

A2*

 

 

 

 

 

 

 

 

 

 

I*

 

Radio or television tower

A1*

A2*

 

FR*

 

 

 

 

 

 

 

 

I*

 

Sawmill (4)

A1*

A2*

 

FR*

 

 

 

 

 

 

 

 

I*

 

Slaughterhouse

A1*

A2*

 

 

 

 

 

 

 

 

GB

 

I*

 

Truck freight terminal

A1*

 

 

 

 

 

 

 

 

 

GB

 

I*

 

Public facilities

Airport or heliport

A1*

A2*

 

FR

 

 

 

LR*

 

LB*

GB*

 

I*

 

Church or temple

A1

A2

 

FR

R1

R2

R3

LR

AB

LB

GB

 

 

 

Kindergarten or day nursery

A1*

A2*

 

FR*

R1*

R2*

R3*

LR*

 

LB*

GB

 

 

 

Municipal or government building

A1

A2

 

FR

R1

R2

R3

LR

AB

LB

GB

SC

I

 



Zoning Code99



Primary use

A1

A2

FP

FR

R1

R2

R3

LR

AB

LB

GB

SC

I

LF

Penal or correctional institution

A1*

A2*

 

FR*

 

 

 

 

 

 

GB*

 

I*

 

Refuse pick-up station

A1

A2

 

FR

R1

R2

R3

LR

AB

LB

GB

SC

I

 

Police station or fire station

A1*

A2*

 

FR

R1*

R2*

R3*

LR*

AB

LB

GB

SC

I

 

Public library or museum

A1

 

 

FR

R1

R2

R3

LR

 

LB

GB

 

 

 

Public park or recreational facility

A1

A2

FP

FR

R1

R2

R3

LR

AB

LB

GB

SC

I

 

Public or commercial sanitary fill, public or commercial hazardous waste landfill, refuse dump or garbage disposal plant

A1*

A2*

FP

FR*

 

 

 

 

 

 

 

 

I*

 

Public or commercial sewage disposal plant

A1*

A2

FP

FR*

R1*

R2*

R3*

LR*

 

LB*

GB*

SC*

I*

 

Public or employee parking area

A1*

A2*

 

FR

R1*

R2*

R3*

LR*

AB*

LB

GB

SC

I

 

Railroad right-of-way and necessary uses

A1*

A2

FP

FR

R1*

R2*

R3*

LR*

AB*

LB*

GB

SC*

I

 

Refuse pick-up station

A1

A2

 

FR

R1

R2

R3

LR

AB

LB

GB

SC

I

 

School, public or parochial

A1

A2

 

FR

R1

R2

R3

LR

 

LB

GB

 

 

 

Telephone exchange or public utility substation

A1*

A2*

FP*

FR*

R1*

R2*

R3*

LR*

 

LB*

GB*

SC*

I*

 

Trade or business school

A1

 

 

 

 

 

 

 

 

LB

GB

 

I

 

Transmission lines for gas, oil, electricity or other utilities

A1

A2

FP

FR

R1

R2

R3

LR

AB

LB

GB

SC

I

 

University or college

A1

 

 

FR

R1

R2

R3

 

 

LB

GB

 

 

 



100                                                 Jackson County - Land Usage



Primary use

A1

A2

FP

FR

R1

R2

R3

LR

AB

LB

GB

SC

I

LF

Business uses: appliances

Electric appliance service and sales

 

 

 

 

 

 

 

 

 

LB

GB

SC

I**

 

Radio-TV service and sales

 

 

 

 

 

 

 

 

 

LB

GB

SC

I**

 

Other similar uses

 

 

 

 

 

 

 

 

 

LB

GB

SC

I**

 

Business uses: automobile services

Automobile sales room

 

 

 

 

 

 

 

 

 

LB

GB

SC

I**

 

Automobile, mobile home or trailer sales area, open

 

 

 

 

 

 

 

 

 

LB

GB

SC

I**

 

Automobile repair (all indoors)

 

 

 

 

 

 

 

 

 

LB

GB

SC

I**

 

Filling or service station

 

 

 

 

 

 

 

 

AB

LB

GB

SC

I**

 

Public garage

 

 

 

 

 

 

 

 

 

LB

GB

SC

I**

 

Public parking area (commercial)

 

 

 

 

 

 

 

 

AB

LB

GB

SC

I**

 

Other similar uses

 

 

 

 

 

 

 

 

AB

LB

GB

SC

I**

 

Business uses: clothing services

Dressmaking shop

 

 

 

 

 

 

 

 

 

LB

GB

SC

 

 

Dry-cleaning establishment (1)

 

 

 

 

 

 

 

 

AB

LB

GB

SC

 

 

Laundry agency

 

 

 

 

 

 

 

 

AB

LB

GB

SC

 

 

Millinery shop

 

 

 

 

 

 

 

 

 

LB

GB

SC

 

 

Self-service laundry and dry-cleaners

 

 

 

 

 

 

 

 

AB

LB

GB

SC

 

 

Shoe repair shop

 

 

 

 

 

 

 

 

 

LB

GB

SC

 

 

Tailor and pressing shop

 

 

 

 

 

 

 

 

 

LB

GB

SC

 

 

Other similar uses

 

 

 

 

 

 

 

 

AB

LB

GB

SC

 

 



Zoning Code101



Primary use

A1

A2

FP

FR

R1

R2

R3

LR

AB

LB

GB

SC

I

LF

Business uses: food sales and services

Bakery (retail)

 

 

 

 

 

 

 

 

 

LB

GB

SC

 

 

Dairy (retail)

 

 

 

 

 

 

 

 

 

LB

GB

SC

 

 

Delicatessen

 

 

 

 

 

 

 

 

AB

LB

GB

SC

 

 

Grocery

 

 

 

 

 

 

 

 

AB

LB

GB

SC