§ 213.01 AREA AFFECTED.

No root parcel of land which is located within the territorial jurisdictional area of the Town Plan Commission shall be subdivided, unless the subdividing shall be in conformity with the provisions of this chapter.
('83 Code, § 191)



§ 213.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All definitions contained in the Town of Highland zoning ordinance are hereby incorporated by reference.

AASHTO. American Association of Highway and Traffic Officials, a national scientific and technical organization which develops standards for materials and testing procedures used in the construction of public highways.

ADA. Americans with Disabilities Act of 1990 enacted on July 26, 1990, and in full effect on January 26, 1992.

ANSI. American National Standards Institute.

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.

ARTERIAL STREET. A street of considerable continuity which carries a large volume of traffic from one section of the town to another.

ASTM. American Society for Testing and Materials, a national scientific and technical organization which develops standards for materials and manufactured products used by the construction industry. Their standards are updated and published annually.

AWWA. American Water Works Association, a national scientific and technical organization which develops standards for materials, manufactured products and installation procedures used by the water supply and treatment industry. These standards are updated and published periodically.

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 OF HEALTH. The Lake County Board of Health.

BOULEVARD STREET. A boulevard street is defined as two distinct lanes of traffic, flowing in opposite directions, which are separated by a physical barrier.

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.

COLLECTOR STREET. A street connecting residential streets with a commercial or arterial street.

COMMERCIAL STREET. A street, the predominant use of which provides access to abutting commercial or industrial properties.

COMMISSION. The Town of Highland Plan Commission.

CONSTRUCTION ACCESS ROAD. A temporary, nondedicated, unplatted right-of-way, other than a street, alley, or easement, designed to provide sole ingress and egress for all development and construction equipment, as well as all laborers and material persons, in connection with the improvement of a platted subdivision of land including but not limited to the construction of dwellings, buildings, and other improvements, which right-of-way is constructed and maintained by the developer and owner at either's sole expense or their cumulative expense and continuously in the absolute ownership and/or exclusive control of the developer and owner until such time as 90% of the record lots have dwellings completed for occupancy or other buildings located thereon, and/or unless by prior release by the Commission.

COUNCIL. The Town Council of the Town of Highland.

DEAD END STREET. A street having one of its ends closed, also known as, a cul-de-sac.

DEVELOPER. Any person who lays out and subdivides land.

DNR. The Indiana Department of Natural Resources.

EPA. The United States Environmental Protection Agency.

EXPRESSWAY-FREEWAY. Any expressway-freeway operated at high service level, consists of limited land access, carries region wide traffic and is generally classified as part of the interstate system.

IDEM. Indiana Department of Environmental Management.

IDOH (also INDOT) SS. Indiana Department of Highways (Indiana Department of Transportation) Standard Specifications, is a book of standard specifications for the construction of highways published by the State of Indiana and periodically updated.

INDUSTRIAL STREET. A street which, by virtue of its location or design, primarily serves as an access to industrial property or serves to conduct traffic from industrial land to a higher classification street.

LOCAL STREET. A street used primarily for access to abutting properties, usually residential.

LOT. A parcel, tract or area of land accessible by means of a street and abutting upon a street for the full width of the lot. It may be a single parcel separately described in a deed or plat which is recorded in the office of the County Recorder, or it may include parts of, or a combination of such parcels when adjacent to one another and used as one, a copy of the deed or plat is to be placed in the office of the Clerk-Treasurer of the Town of Highland. In determining lot area and boundary lines, no part thereof within the limits of a street shall be included. There shall be only one main structure on each duly platted lot in the Town of Highland. All lots shall be platted and subdivided.

LOT, CORNER. A lot at the junction of and abutting two intersecting or intercepting streets.

LOT, FRONT OF. The narrowest side of any corner, interior or through lot which abuts a street.

LOT, INTERIOR. A lot other than a corner lot or a through lot.

LOT, THROUGH. An interior lot, fronting on two streets.

MASTER PLAN. The complete plan or any of its parts for the development of the town as prepared by the Commission and adopted in accordance with I.C. 3674500, and acts amendatory thereto, as is now or may hereafter be in effect.

PAVEMENT WIDTH. The width of the paved surface measured from the outer edges of that surface or, in the case of a curbed surface, measured from the back of the curb to the back of the opposite curb.

PARCEL OF LAND. Any continuous, contiguous quantity of land, not within a legally recorded plat, owned by the same titleholder(s).

PERSON. Includes an individual, corporation, firm, partnership, association, organization, or any other group acting as a unit.

PLAT. A map or chart that shows a division of land and is intended to be filed for record.

RESIDENTIAL STREET. A street, predominantly used for providing access to abutting residential properties.

ROOT PARCEL OF LAND. Any separate and distinct quantity of land created by virtue of a legally recorded deed which land is not located within a legally recorded plat or approved development plan. For purposes of determining the duration of existence of a root parcel, quantity of land shall not lose its character as a root parcel because of subsequent conveyances of lots or parcels of land therefrom; provided, however, that any parcel or lot created from a root parcel on land conveyance, which is excluded from the necessity of conforming with the provisions of this chapter, shall, after the expiration of 12 months from the recordation of the deed evidencing such conveyance, be constructed as a new root parcel.

STREET. A public dedicated right-of-way that is established by a recorded plat or deed to provide the principal means of access to abutting property.

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.

SUBDIVISION (INCLUDING THE WORD SUBDIVIDE). The division, or the act thereof, by conveyance, of a root parcel of land into one or more lots or other parcels therefrom.

TOWN. The Town of Highland, Lake County, Indiana.

ZONING ADMINISTRATOR. The Building Inspector of the Town of Highland, Indiana.
('83 Code, §§ 192 and 193)



§ 213.03 PRELIMINARY CONSIDERATIONS.

In order to make the most of the opportunities related to the subdivision and to conserve time, effort and expense, the owner or developer shall consult with the Commission and other public officials prior to the preparation of the plan of the subdivision. The master plan should be reviewed to determine how the proposed plan will fit into the master plan. Requirements of the highway plan; school and recreational sites; shopping centers; community facilities; sanitation; water supply and drainage; and relationship to other developments, existing and proposed in the vicinity, should be determined in advance of the subdivision plan. A thorough estimate of the situation will result in sound decisions with respect to the form, character and extent of the proposed subdivision. No land shall be subdivided for use unless adequate access to the land over improved streets or thoroughfares exists or will be provided by the developer, or if such land is considered by the Commission to be unsuitable for such use by reason of improper drainage.
('83 Code, § 194)



§ 213.04 APPLICATION FOR PRIMARY APPROVAL OF A PLAT.

The application shall contain a statement specifying the intentions of the owner or developer respecting the proposed land use of the development, deed restrictions, drainage, sewage disposal, water facilities and the intended date of the development, and shall be accompanied by a receipt from the Clerk-Treasurer showing that a filing fee has been paid in accordance with the schedule of fees on file in the office of the Clerk-Treasurer. The primary plat must be submitted along with the filing fee no later than 14 days before the proposed hearing thereon. The application and rules of procedure of the Commission relating to subdivision platting shall apply in all cases.
('83 Code, § 195)



§ 213.05 SUBMISSION AND CONTENTS OF PLAT; HEARING PROCEDURE.

(A) Fifteen copies of the proposed plat shall be submitted to the Commission 14 days prior to the public hearing. The proposed plat shall represent the entire tract which the applicant intends to develop and over which he has an ownership or financial interest and/or control. Proof of ownership and/or financial interest shall be submitted with the plat. The applicant shall submit all design calculations and support data with the application.

(B) The Commission shall set a date for a hearing at which the proposed primary plat will be publicly examined. Notice of such public hearing shall be given by the applicant as follows:

(1) Notify the applicant in writing;

(2) Give notice of the hearing by publication in accordance with I.C. 531 (5311 to 5319); and

(3) Provide for due notice to interested parties at least 14 days before the date set for the hearing. The Commission shall, by rule, determine who are interested parties, how notice is to be given to them, and who is required to give that notice.
(I.C. 3674706)

(C) After public hearing upon the proposed plat, the Commission shall determine if the plat complies with and satisfies the standards prescribed for primary approval under this chapter. Within a reasonable time after such hearing, the Commission shall either grant, with or without conditions, or deny primary approval of the proposed plat and enter written findings and decision in accordance with such action, signed by the Chairman, or in his absence the Vice-Chairman, and the Secretary of the Commission. However, if primary approval is denied, the written findings entered by the Commission shall set forth the reasons for such denial. If primary approval is granted, the plat shall be certified on behalf of the Commission by any of the officials named above in this division.

(D) Notice of the Commission's decision upon the application for primary approval shall be provided by furnishing a copy of its written findings and decision to the applicant and to such remonstrators or other interested parties, if any, as the Commission may designate by rule. Such notice shall be furnished by the Zoning Administrator within five days after the Commission's decision in the manner prescribed by the Commission, by rule duly adopted.

(E) Primary approval of a plat by the Commission shall be valid for one year from the date of approval, unless the applicant, prior to the expiration of such one year period, shall have applied for and received the Commission's approval for an extension of time to obtain secondary approval. If by the expiration of such initial one year period of time, or during any period of extension approved by the Commission, the applicant does not obtain secondary approval of all or part of the area included in the plat for which primary approval had been granted, then the primary approval granted for the plat shall lapse, and be considered as null and void. In the event the Commission grants secondary approval for only a portion of the plat, the applicant thereafter will not be obligated to adhere to any time limitations for requesting secondary approval for the remainder of the plat.
('83 Code, § 196)

§ 213.06 HEARING NOTICE.

The Commission shall send a copy of the primary plat and written notice of the date, place and time of the public hearing thereupon, to all public agencies and governmental units having a probable interest in the proposed subdivision and plat, requesting their written comments with regard to the primary plat proposed by the applicant.
('83 Code, § 197)



§ 213.07 APPROVAL REQUIREMENTS.

No map, plan or plat for the subdivision of land within the town which provides for or shows any street or highway delineated thereon shall be approved by the Commission for filing in the County Recorder's Office unless the same shall conform to the following requirements:

(A) Rights-of-way for residential and collector streets shall be not less than 60 feet in width. For commercial, arterial, and industrial streets, the minimum right-of-way shall be not less than 80 feet in width, but where they form continuations of existing streets or thoroughfares, their widths shall be the same as those with which they form continuations.

(B) No two streets shall intersect at an angle of less than 30 degrees nor more than 150 degrees except with the special written consent of the Council and Commission.

(C) All streets shall connect to existing streets with the minimum of jogs and angles, and no street or thoroughfare shall have an overall right-of-way of less than 60 feet, of which not less than 33 feet shall be the distance between the back of the curbs.

(D) Street curb intersections shall be rounded by a curve, the minimum radius of which shall be 15 feet, except where existing improvements interfere, and the Zoning Administrator concurs.

(E) Dead-end, (also called cul-de-sac) streets and alleys are specifically prohibited except in such cases where topography or existing development of the land leaves no other alternative, in which event dead-end streets shall not be more than 300 feet in length. They shall terminate in a circular right-of-way with a minimum diameter of 90 feet and a paved turning circle with a minimum diameter of 60 feet (see figure titled “Typical Cul-de-sac Layout”).

(F) Streets shall not be shown which require ingress and egress over lands of adjoining owners unless proper written easement or other written agreements showing consent by such adjoining owners are presented for recording in the County Recorder's Office.

(G) Reserved strips must not be retained between any proposed street and the lands of an adjacent owner except in such instances where written approval is granted by the Council upon written petition by the person seeking such exception.

(H) Location of monuments shall be shown on any map presented for approval. Monuments shall be of one-half inch diameter steel encased in concrete and shall be accurately set three feet deep if feasible and shall be accurately shown on a map or plat.

(I) No name applied to any street indicated on said map or plat shall duplicate or so nearly resemble the name of an existing Town street as to cause confusion. In the case of a direct extension of an existing street, the same name shall be used unless otherwise approved by ordinance of the Council.

('83 Code, § 198)



§ 213.08 FORM OF PLAT; REQUIRED DATA.

Every map, plan or plat presented to the Commission and Council for approval shall be in the following form and contain or be accompanied by the following data:

(A) The map, plan or plat shall be drawn accurately to scale. The minimum scale shall be 100 feet to the inch. A graphic bar-type scale shall be drawn on the map, plan, or plat.

(B) The title of the map, plan or plat shall include the name or designation of the development or subdivision, accurate indication of its location with respect to existing properties or street intersection, scale of the plan, date of its preparation, name of the owner of the mapped premises, appropriate place for its certifications and the name and address of the engineer or surveyor who prepared the same.

(C) All maps, plans or plats shall bear the official seal of a professional engineer or land surveyor licensed in Indiana.

(D) All maps, plans or plats shall have designated the direction of north thereon.

(E) All measurements and dimensions of lots shown on any map, plan or plat shall be legibly inscribed thereon. Also, all lengths of outside boundaries of tracts, distances along streets and other essential measurements to the hundredths of a foot. All bearings shall be similarly indicated, to within one second.

(F) Municipal limits or boundaries crossing any map, plan or plat shall be accurately located thereon, legibly indicating names of the municipalities.

(G) Street lines and their names, bearings, angles of intersections, widths and established or proposed building lines.

(H) The lengths of all arcs, radii and tangents of any curved street lines or curved corner intersections must be shown to the nearest hundredth of a foot, and the central angle, to the nearest one second.

(I) All easements, or rights-of-way provided for, proposed or owned by public utilities, and limits of easement rights, shall be definitely stated and shown.

(J) A local benchmark or other reference mark used to establish the noted elevations shall be clearly noted.

(K) All lots shall be numbered and indicated with accurate dimensions, in feet, to the hundredths part, all bearings accurately stated, and, in addition, each lot shall be numbered in accordance with the general street number plan of the town.

(L) All property shown on any map, plan or plat which is to be dedicated as public property in the tract shall be accurately outlined and described thereon.

(M) The location and boundaries of all property reserved for the use of all property owners shall be shown, and the use shall be noted on the map.

(N) All existing facilities for the lighting or illumination of existing streets shall be designated only on the copies of the map, plan or plat and, in addition, the location of proposed facilities for the lighting or illumination of proposed streets shall be designated only on the copies of the map, plan or plat.

(O) All watercourses, drainage ditches, rights-of-way, location of existing pipe lines, sewers, water mains and other known or recorded matters of note or importance shall be noted only on the copy, and in addition, such map, plan or plat shall show in detail the location of any street, alley, curb, sewer or sidewalk proposed to be constructed in the subdivision.

(P) Additional maps, plans, statements, specifications of information as in the Commission or Council's opinion are useful, necessary or pertinent to complete understanding and just determination of the matter, may be required by either the Commission or Council. All applicants shall submit a current preliminary title opinion conforming to ALTA (American Land Transfer Act) specifications for subject property.

(Q) The Commission shall review all proposed subdivisions to determine whether they lie in a floodprone area as defined elsewhere by ordinance. If the Commission finds the subdivision to be so located, they shall forward pertinent plans and materials to the Indiana Department of Natural Resources for review and comment. The Commission may require appropriate changes and modifications in order to assure that it is consistent with the need to minimize flood damages; all public utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage; adequate drainage is provided so as to reduce exposure to flood hazards; and that on-site baste disposal systems, if provided, will be so located as to avoid impairment of them or contamination from them during the occurrence of the regulatory flood.

(R) All subdivision plats containing lands identified elsewhere by ordinance as floodprone areas shall have the elevation of the one hundred-year flood listed thereon.

(S) All applicants shall be required to reimburse the town for costs incurred, above normal and reasonable fees, for the Commission Engineer and Attorney to review their application. “Normal and reasonable” fees cover review of the documents submitted by the applicant and attendance at all regularly scheduled study sessions and public meetings.

(T) The following general information shall be included on all proposed subdivision plans:

(1) Existing zoning and land use.

(2) The 100 year flood elevation.

(3) Location and size of nearest water line and fire hydrant.

(4) Location and size of nearest sanitary sewer.

(5) Location and size of nearest storm drain.

(6) Soil type.

(7) Construction details of adjacent streets.

(U) All applicants shall submit proposed findings of fact in accordance with the Commission rules and regulations 14 days prior to hearing.

(V) Each plat of subdivision shall contain the sentence: "Any record title holder shall be required to conform to all requirements of the Highland Municipal Code and amendments thereto for the installation of public facilities."
('83 Code, § 199)



§ 213.09 REQUIRED NUMBER OF MAPS, PLANS, OR PLATS TO BE FILED.

(A) Fifteen copies of plats, maps or plans shall be submitted 14 days prior to the public hearing.

(B) Two duplicate copies of maps, plans or plats shall be presented, with the original tracing prepared in ink on mylar film, to the Commission, and one reproducible copy retained for town records. The original copy shall be returned to the applicant so that it may be recorded and returned to the Commission for its permanent record.

(C) Upon the secondary approval of a plat of subdivision by the Commission, the original tracing shall be signed by the Chairman, or in his absence by the Vice-Chairman, and the Secretary of the Commission and signatures attested to by the Recording Secretary. The original approved copy shall be recorded in the office of the Recorder of Lake County, Indiana within one calendar year.

(D) The failure to record the approved plat within one year from the date of secondary approval will render such approval null and void. The recorded copy of the plat shall be placed on file in the office of the Clerk-Treasurer of the town. The Zoning Administrator shall not issue any permit for construction until the recorded plat is filed with the town.
('83 Code, § 1910)



§ 213.10 PUBLIC FACILITIES REQUIRED; WAIVER AND DEFERMENT.

(A) No person shall erect or construct any building, dwelling or house in the municipality unless he has submitted to the Commission detailed plans, profiles and specifications for public facilities required by this chapter but which do not exist upon the lot which such person intends to erect or construct any building, dwelling or house and the property dedicated for the use of the public adjacent to and serving the lot or lots, and such plans, profiles and specifications for the public facilities have been tentatively approved by the Commission.

(B) Every person shall construct and install public facilities in conformity with the standards hereinafter set forth and in accordance with the plans, profiles and specifications submitted to and tentatively approved by the Commission; however, if construction, erection, installation or building of the public facilities required causes unnecessary hardship to the person erecting or constructing any building, dwelling or house, the Commission, with the Council's concurrence, may take any of the following actions:

(1) Waive the requirement of the construction, erection, installation or building of all of the public utilities or any part thereof; or

(2) Authorize the deferment of the requirement for construction, erection, installation or building the utilities or any part thereof upon terms and conditions and for the period of time the Council finds and determines reasonable; however, the Council, as a condition of deferment, shall require surety, escrow arrangement or other acceptable and recognized proof of financial ability of the person required to construct such public facilities to complete construction to the satisfaction of Council and Commission within the period of time for which deferment is granted.

(C) Any waiver or deferment by the Council pursuant to this section shall be incorporated in and become a part of the record of the Commission.
('83 Code, § 1911)



§ 213.11 REPORT OF THE TOWN ENGINEER.

Upon receipt of plans, profiles and specifications, the Commission shall refer the same to the Town Engineer, who shall examine the plans and submit a written report to the Commission, approving or disapproving the plan, profiles and specifications. In the event the Town Engineer does not approve such plans, profiles and specifications, he shall state his reasons for disapproval in writing to the Commission, and his report shall be recorded by the Commission.
('83 Code, § 1912)