Be it ordained by the County Commissioners of Howard County, Indiana, under the authority of Chapter 174, Acts of 1947, and all acts amendatory thereto, General Assembly of the State of Indiana.
 

For the purpose of this Ordinance certain terms or words used herein shall be interpreted or defined as follows: Words used in the present tense include the future tense.  The term "shall" is always mandatory.

ADJACENT PROPERTY OWNER:  Those owners of property contiguous to the subject property, ignoring all intervening streams, street and railroad rights-of-way.

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: Property having frontage on one side of s street and located between the two nearest intersecting  or intercepting streets, or nearest intersecting or intercepting street or railroad right-of-way, waterway or other barrier.  When intersecting or intercepting streets and railroad right-of-way, waterway or other barriers do not exist, within 330' on either side of the centerline of the area, the unit of 660' shall be used.  The measurement may begin at a quarter section line and terminate each 660' unless intersected by a street.

BOARD:  The Board of Commissioners of the County of Howard.

BOARD OF HEALTH: The Howard County Board of Health.

BUILDING LINE: Means 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.

COMMISSION:  The Howard County Plan Commission.

COUNTY: County of Howard, Indiana

COUNTY DRAINAGE BOARD:  The Howard County Drainage Board.

COUNTY ENGINEER: The Howard County Highway Engineer.

COUNTY SURVEYOR:  The Howard County Surveyor.

COVENANT:  A written promise or pledge.

CUL-DE-SAC:  (Court or dead-end street) A short street having one end open to traffic and being permanently terminated by a vehicle turn-around.

DEBRIS BASIN:  A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel or silt or other material.

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 hereunder for himself or for another.

DIRECTOR:  The officer of employee of the Howard County Plan Commission  who has authority to enforce this ordinance:

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 ordinance.

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.

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

GRADING:  Any stripping, cutting, filling, stockpiling or any combination thereof and shall include the land in its cut or filled condition.

JURISDICTION OF THE COMMISSION:  The unincorporated territory of the County of Howard, Indiana.

LEGAL DRAIN:  Any drainage system over which the County Drainage Board has legal control.

LOT:  For purposes of these regulations, a lot is a parcel of land of sufficient size to meet the minimum zoning requirements for use, coverage and area, and to provide such yards  and other open spaces as are herein required.  Such lot shall have frontage on an improved street, or on an approved private street.

MAJOR STREETS AND HIGHWAYS: The part of the Master Plan, now or hereafter adopted which sets forth the location, alignment, dimensions, identification, and classification of existing and proposed streets, highways and other thoroughfares.

MASTER PLAN:  The complete plan, or any of its parts, for the development of the County, prepared by the Commission and adopted in accordance with Chapter 174, Acts of 1947, General Assembly of Indiana, as now or may hereafter be in effect.

MULCHING:  The application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.

OPEN DITCH:  A relatively deep drainage channel which may have a continuous water flow the year round.  Open ditches are outlets for both surface, subsurface or storm sewer drainage system.

PERSON:  Includes a corporation, firm, partnership, association, organization, or any other group that acts as a unit or legal entity.

PLAT:  A map or chart indicating the subdivision or resubdivision of land, intended to be filed for record.

PLAT REVIEW COMMITTEE:  A group of persons with technical knowledge of various County, State, and Federal regulations and standards regarding urban development, appointed by the Commission.  The committee is responsible for working with developers in reviewing the technical aspects of subdivision plans and other major development projects.  The committee makes technical findings and recommendations.

PRIVATE STREET: A right-of-way which has the characteristics of a street, as defined herein, except that it is not dedicated to the public use.  A driveway which is located on a lot and which serves only the use on that lot is not considered as a private street.

SEDIMENT: Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, or gravity as a product of erosion.

SEDIMENT BASIN:  See Debris Basin.

SOIL:  All unconsolidated mineral and organic material or whatever origin that overlies bedrock which can be readily excavated.
 

SOIL AND WATER CONSERVATION  DISTRICT:  The Howard County Soil and Water Conservation District.

SOIL SURVEY:  Refers to the Soil Survey of Howard County, Indiana, prepared by the U.S. Department of Agriculture, Soil Conservation Service, in cooperation with Purdue University Agricultural Experiment Station, which may be updated from time to time based on the National Cooperative Soil Survey.

STORM DRAINAGE SYSTEM: A system of open ditches, pipes or drainage swales used to collect and convey storm water runoff.

STORM SEWERS: A system of pipes, tiles, or tubing installed beneath the ground surface which collects and conveys surface water from more than one parcel, lot or the discharge from subsurface drain.

STREET: (Road) 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, lane, drive or other appropriate name.

STREET  OR ALLEY IMPROVEMENT:  Shall mean the construction of a street or alley to its full thickness, commencing at the subgrade according to the specifications contained in Article 4, Section 2, hereinafter. The placing of a new surface over an existing paved  or closed surface street or alley shall not be considered as an improvement but as maintenance.

STREET PAVEMENT WIDTH:  The usable traveled surface of the street.  For street with curb and gutter, the width is measured from the  lip of gutter or the face of curb to face of curb whichever is greater.  For streets without curb or gutter, the width is measured from edge of pavement to edge of pavement. See Figures 1 and 2.

STREET, ARTERIAL:  A street providing for through movement of large volumes of traffic.  Arterial streets are intended to provide access to abutting property subject to necessary control of entrances and exits for traffic movement and where safety conditions warrant.

STREET, PRIMARY FEEDER:  A street planned to facilitate the collection of traffic from local streets, and to provide circulation within neighborhood areas and convenient ways for traffic to reach principal arterial streets.

STREET, SECONDARY FEEDERS: A street with lower traffic volumes, fulfilling the same function as Major Collectors.

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

SUBDIVIDER: See Developer.

SUBDIVISION:
 1. The division of any parcel of land shown as a unit, part of a unit, or as contiguous units on the last preceding transfer of property into two (2) or more parcels, sites, or lots, for the purpose, whether immediate or future, of transfer of ownership.

 2. The following divisions of land shall not be considered a subdivision.
(a) The sale or exchange of land between adjoining lot owners, where such sale or exchange does not create additional building sites.
(b) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division and allocation of land as streets or other open spaces for common use by owners, occupants or lease holders, or
(c) Easements for the extension and maintenance of public sewer, water, storm drainage, or other public facilities.

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

VEGETATIVE PROTECTION:  Stabilization of erosive or sediment producing areas by covering the soil with:
1.  Permanent seeding, producing long-term vegetative cover.

2.  Short-term seeding producing temporary vegetative cover, or

3. Sodding, producing areas covered with a turf of perennial sodforming grass

ZONING ORDINANCE:  The part of the Master Plan, now or hereafter adopted, which includes an ordinance and zone maps which divides the area under the jurisdiction of the Commission into Districts, with regulations and requirements and procedures for the establishment of land use controls.

Copyright 1999 by Howard County, Indiana
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