Brazil City Zoning Code
SUBDIVISIONS; GENERAL
PROVISIONS
§ 155.045 ESTABLISHMENT OF CONTROL BY THE COMMISSION.
(A) No plat or replat of a subdivision of land located within the jurisdiction of the City Plan Commission shall be recorded until it shall have been approved by the Commission.
(B) Approval shall be entered in writing on the plat by the President and Secretary of the Commission.
(Prior Code, § 156.045) (Ord. 19-1964, passed - -)
§ 155.046 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A permanent public service way provided in a secondary means of access to abutting lands.
BLOCK. Property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting street and railroad right-of-way, waterway or other definite barrier.
BUILDING SETBACK LINE. The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of buildings and structures and the front lot line.
CITY ENGINEER. The engineer of the city.
COMMISSION. The City Plan Commission.
COMPREHENSIVE MASTER DEVELOPMENT PLAN. The complete plan, or any of its parts, for the development of the city prepared by the Commission and adopted in accordance with I.C. 36-7-4- 700, as is now or may hereafter be in effect.
CUL-DE-SAC or DEAD-END STREET. A short street having one end open to traffic and being terminated by a vehicle turn-around.
EASEMENT. A grant by the property owner of the use of a strip of land by the public, a corporation or persons, for specified purposes.
JURISDICTION OF THE COMMISSION. The city and the contiguous unincorporated territory shown on a map filed by the City Plan Commission with the County Recorder.
LOT. A portion of a subdivision, or other parcel of land intended as a unit for transfer of ownership or development.
MAJOR STREET OR HIGHWAY PLAN or THOROUGHFARE PLAN. The part of the Comprehensive Master Development Plan for the city, now or hereafter adopted, which includes a major street and highway plan and sets forth the location, alignment, dimensions, identification and classification of existing and proposed streets, highways and other thoroughfares.
PLACE. An open unoccupied space other than a street or alley, permanently reserved for use as the principal means of access to abutting property.
STREET. A right-of-way, other than an alley, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property. A STREET may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, land, drive or other appropriate name.
(1) ARTERIAL STREET. A street designated for large volumes of traffic movement. Certain ARTERIAL STREETS may be classes as limited access highways to which entrances and exits are provided only at controlled intersections and access is denied to abutting properties.
(2) FEEDER STREET. A street planned to facilitate the collection of traffic from residential streets, and to provide circulation within neighborhood areas and convenient ways for traffic to reach arterial streets.
(3) RESIDENTIAL STREET. A street designated primarily to provide access to abutting properties, usually residential. Certain RESIDENTIAL STREETS may be marginal access streets parallel to arterial streets, which provide access to abutting property and ways for traffic to reach access points on arterial streets.
SUBDIVIDER. Any person or persons, firm or corporation engaged in developing or improving a tract of land which complies with the definition of a subdivision as defined below.
SUBDIVISION.
(1) The division of any parcel of land into two or more parcels, sites or lots, any one of which is less than five acres in area for the purpose of transfer of ownership, or building development, providing that the division or partition of land into parcels not involving any new streets or easements of access shall not be considered a subdivision; or
(2) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the subdivision and allocation of land as streets or other open spaces for common use by owners, occupants or lease use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public utilities and facilities.
ZONING CODE. The part of the Master Plan, now or hereafter adopted, which includes an ordinance and Zone Map which divides the jurisdiction of the Commission into districts, with regulations and requirements and procedures for the establishment of land use controls.
(Prior Code, § 156.046) (Ord. 19-1964, passed - -)
§ 155.047 APPLICATION.
A subdivider desiring approval of a plat of a subdivision of any land lying within the jurisdiction of the Commission, shall submit a written application therefor to the Commission. The application shall be accompanied by the information, requirements and plans set forth in this subchapter, all in accordance with the requirements set forth in this chapter.
(Prior Code, § 156.047) (Ord. 19-1964, passed - -)
§ 155.048 PRELIMINARY PLAT FOR SUBDIVISION.
(A) The owner or subdivider shall provide a preliminary plan of the subdivision which shall show the manner in which the proposed subdivision is coordinated with the Comprehensive Master Development Plan and its provisions; specifically, with relation to the requirements of the major street or highway plan, school and recreational sites, shopping centers, community facilities, sanitation, water supply and drainage and other developments existing and proposed, in the vicinity.
(B) However, no land shall be subdivided for residential use unless adequate access to the land over improved streets or thoroughfares exists or will be provided by the subdivider, or if the land is considered by the Commission to be unsuitable for the use by reason of flooding or improper drainage, objectionable earth and rock formation, topography or any other feature harmful to the health and safety of possible residents and the community as a whole.
(C) The subdivider shall provide the following:
(1) Location map (which may be prepared by indicating the data by notations on available maps showing:
(a) Subdivision name and location;
(b) Any thoroughfares related to the subdivision;
(c) Existing elementary and high schools, parks and playgrounds, serving the area proposed to be subdivided and other community facilities; and
(d) Title, scale, north point and date.
(2) A preliminary plat showing:
(a) Proposed name of the subdivision;
(b) Names and addresses of the owner, owners or land surveyor;
(c) Streets and rights-of-way, on and adjoining the site of the proposed subdivision showing the names (which shall not duplicate other names of streets in the community, unless in the case of an extension of an existing street) and including roadway widths, approximate gradients, types and widths of pavement, curbs, sidewalks, crosswalks, tree planting and other pertinent data;
(d) Easements; locations, widths and purposes;
(e) Statement concerning the location and approximate size or capacity of utilities to be installed;
(f) Layout of lots, showing dimensions and numbers;
(g) Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds or other public, semipublic or community purposes;
(h) Contours at vertical intervals of two feet if the general slope of the site is less than 10% and at vertical intervals of five feet if the general slope is greater than 10%;
(i) Tract boundary lines showing dimensions, bearings, angles and references to section, township and range lines or corners;
(j) Building setback or front yard lines;
(k) Legend and notes;
(l) Other features or conditions which would affect the subdivision favorably or adversely; and
(m) Scale, north point and date. (See division (E) below.)
(3) A description of the protective covenants or private restrictions to be incorporated in the plat of the subdivision.
(D) The application shall be accompanied by a certified check or money order in the amount of $10 plus $1 for each lot in the proposed subdivision with a minimum total charge of $25 to cover the cost of checking and verifying the proposed plat, and the amount shall be deposited in the General Fund. The preliminary plat of the subdivision shall be drawn to a scale of 50 feet to one inch or 100 feet to one inch, provided, that if the resulting drawing would be over 36 inches in shortest dimension, a scale as recommended by the Commission may be used.
(Prior Code, § 156.048) (Ord. 19-1964, passed - -)
§ 155.049 PRELIMINARY PLAT APPROVAL.
(A) After an application for approval of a plat of a subdivision, together with two copies of all maps and data has been filed, the Commission shall review the preliminary plat and accept the application and plat, or return them to the subdivider with suggestions for changes.
(B) No application will be considered at a meeting unless it has been filed with the Commission at least ten days before the date of the meeting.
(C) After the Commission has accepted an application and preliminary plat, it shall set a date for a hearing, notify the applicant in writing and notify by general publication or otherwise, any person or governmental unit having a probable interest in the proposed plat.
(D) The cost of publication of the notice of hearing shall be met by the applicant.
(E) Following the hearing on the preliminary plat, the Commission will notify the applicant in writing that it has approved the preliminary plat and is ready to receive the final plat, or will advise the applicant of any further changes in the preliminary plat which are required or should have consideration before approval will be given.
(Prior Code, § 156.049) (Ord. 19-1964, passed - -)
§ 155.050 FINAL PLAT SPECIFICATIONS.
The final plat shall meet the following specifications.
(A) The final plat may include all or only a part of the preliminary plat which has received approval.
(B) The original drawing of the final plat of the subdivision shall be drawn to a scale of 50 feet to one inch; provided, that if the resulting drawing would be over 36 inches in shortest dimension, a scale of 100 feet to one inch may be used.
(C) Three black or blue line prints shall be submitted with the original final plat, or, in order to conform to modern drafting and reproduction methods, three black line prints and a reproducible print shall be submitted.
(D) The following basic information shall be shown:
(1) Accurate boundary lines, with dimensions and angles, which provide a survey of the tract, closing with an error of not more than one foot in 5,000 feet;
(2) Accurate distances and directions to the nearest established street corners or official monuments. Reference corners shall be accurately described on the plan;
(3) Accurate locations of all existing and recorded streets intersecting the boundaries of the tract to be subdivided;
(4) Accurate metes and bounds description of the boundary of the tract;
(5) Source of title to the land to be subdivided as shown by the books of the County Recorder;
(6) Street names;
(7) Complete curve notes for all curves included in the plan;
(8) Street lines with accurate dimensions in feet and hundredths of feet, with angles to street, alley and lot lines;
(9) Lot numbers and dimensions;
(10) Accurate locations of easements for utilities and any limitations of easements;
(11) Accurate dimensions for any property to be dedicated or reserved for public, semipublic or community use;
(12) Building setback or front yard lines and dimensions;
(13) Location, type, material and size of all monuments and lot markers;
(14) Plans and specifications for the improvements required in this subchapter;
(15) Restrictions of all types which will run with the land and become covenants in the deed for lots;
(16) Name of the subdivision;
(17) Name and address of the owner and the subdivider;
(18) North point, scale and date;
(19) Certification by a registered land surveyor;
(20) Certification of dedication of streets and other public property;
(21) Certificate for approved by the Commission; and
(22) Certificate for approval by the Board of County Commissioners, if all or any part of the subdivision is located beyond the city.
(Prior Code, § 156.050) (Ord. 19-1964, passed - -)
§ 155.051 FINAL PLAT APPROVAL.
(A) When the final plat is submitted to the Commission, it shall be accompanied by a notice from the City Engineer, stating that there has been filed with and approved by the City Engineer and the Board of Public Works, one of the following:
(1) A certificate by the subdivider that all improvements and installations for the subdivision required for its approval have been made or installed in accordance with specifications, and that a three-year maintenance bond has been provided for any improvements to be made within the streets, as is executed to the Board of Public Works for any portion of the final plat which lies within the corporate limits of the city, and that a three-year maintenance bond has been provided for any improvements to be made within the streets, as is executed to the County Board of County Commissioners for any portion of the final plat which lies within the jurisdiction of the Commission, but beyond the corporate limits of the city; or
(2) A bond which shall:
(a) Run to the Board of Works;
(b) Be in an amount determined by the Commission to be sufficient in amount to complete the improvements and installations in compliance with this chapter;
(c) Be with surety satisfactory to the Commission;
(d) Specify the time for the completion of the improvements and installations; and
(e) Specify that on completion, but prior to acceptance by the Board of Public Works of any improvements to be made within the streets, for any portion of the final plat which lies within the corporate limits of the city, a three-year maintenance bond covering street improvements in an amount determined by the Board of Public Works to be sufficient in amount, which shall run to the Board of Public Works, will be provided by the subdivider of street improvements to be effective as of the date of acceptance by the Board of Public Works of street improvements, or for any portion of the final plat which lies within the jurisdiction of the Commission, but beyond the corporate limits of the city, a three-year maintenance bond covering the street improvements, in an amount determined by the Board of County Commissioners to be in an amount sufficient in amount, which shall run to the County Board of County Commissioners, will be provided by the subdivider of street improvements to be effective as of the date of acceptance by the Board of County Commissioners of the street improvements. The subdivider shall not be held responsible for maintenance of any street resulting beyond the control of the subdivider.
(B) (1) Within a reasonable time after application for approval of the final plat, the Commission shall approve or disapprove it.
(2) If the Commission approves, it shall affix the Commission’s seal of the plat, together with the certifying signature of its President and Secretary.
(3) If it disapproves, it shall set forth the reasons for the disapproval in its own records and provide the applicant with a copy.
(Prior Code, § 156.051) (Ord. 19-1964, passed - -)
§ 155.052 REPLAT APPROVAL.
(A) A replat is a plat which has originally been approved by the city which the developer resubmits to the city to make further changes.
(B) After review of the revised plat, along with any other information that the Plan Administrator determines as necessary, the Plan Administrator shall determine if the replat is so significant that it needs to go through the full process set forth in §§ 155.049 through 155.051 or if the changes are more appropriately evaluated through the process set forth in the instant section:
(2) If the Plan Administrator determines that the changes are such that a full plat process is not necessary then the applicant can proceed with the replat process set forth below.
(C) If a petition for replat is determined to be necessary, the applicant shall comply with the following.
(1) The applicant will file with the Plan Administrator two copies of all maps, data, and any additional information deemed necessary.
(2) The Plan Administrator will review the replat and confer with all relevant city departments in order to determine if the replat is sufficient as presented.
(3) If it is determined that changes are necessary, the replat shall be returned to the developer for changes to be made.
(4) Once the replat is in an acceptable form to the city it shall be set for public hearing:
(a) Notice of hearing shall be made by the city; and
(b) Applicant shall bear the cost of the notice of public hearing.
(5) If there are individuals who own parcels in the property located in the subdivision which is the subject of the replat, other than the applicant, then the applicant shall be responsible for giving notice to said individuals or entities via certified mail, return receipt requested at least 10 days prior to the public hearing.
(6) Final approval of the replat shall not be made until after notice and public hearing on the matter.
(7) Once approved the final replat shall be returned to applicant with the appropriate signatures and approvals.
(8) If the replat is denied then the Plan Commission shall set forth the reasons for the denial.
(D) All replats must comply with the provisions of § 155.050.
(F) Final approval of replats may be subject to any of the provisions set forth in § 155.051 as determined by the Plan Commission.
(Ord. 6-2023, passed 5-10-2023)