(A) General. Administrative subdivisions are subject only to a certification by the official designated in § 156.214 that the subdivision is within one of the categories included in the definition of “subdivision, administrative” in § 156.006. Replats which meet the conditions of administrative subdivisions also may be considered under the terms of this chapter.
(B) Filing fee. A request for Department review of a subdivision shall be accompanied by the filing fee as established by the Commission.
(C) Submission materials. The following materials shall be submitted by an applicant for approval of an administrative subdivision:
(1) Application signed by the owner(s) of record of all property involved in the subdivision;
(2) A drawing prepared in accordance with all applicable standards set forth in § 156.176 showing the property involved in the subdivision, indicating the area of each lot or parcel in acres (for parcels larger than 20,000 square feet in area) or square feet and indicating the configuration of the property and any easements thereon before and after the proposed administrative subdivision. This drawing is not required for those applications covered by divisions (C)(5), (6), (7), (8)(c), (9) and (10) below;
(4) For removal of interior lot lines, a legal description of the property and the new lot number(s);
(5) For removal of platted easements, signed and notarized letters of approval of the proposed action by all utilities having an interest in the easements, and in the case of drainage easements, any neighboring property owners affected by the easements. A notation shall be placed on the plat indicating that the easement has been vacated;
(6) For changes in the notations on a previously approved plat, an explanation of the reason(s) for the changes. If the Department finds that the changes have a significant effect on the subdivision as approved by the Commission, the Department may require the change to be decided by the Commission;
(7) For divisions by court decree, a copy of the decree showing by legal description how the land is to be divided;
(8) (a) For sale or exchange of adjoining land where one or more of the affected parcels is platted, a legal description and indication on the drawing of the tract to be divided and the tract to be added and certification by a registered land surveyor that monuments have been or will be set to indicate the relocated property lines. If the land involved in the subdivision has not been monumented, no monumentation is required;
(b) For sale or exchange of adjoining unplatted land, a legal description and indication on the drawing of the tract to be divided and the tract to be added;
(c) For subdivision where the purpose is to resolve a boundary dispute or to establish a mutually agreed upon boundary line, an affidavit signed by all affected property owners stating the purpose of the subdivision; and
(d) At the time that an administrative subdivision as defined in § 156.006 is submitted for secondary approval, the submission shall include quitclaim or warranty deed(s) containing the legal description for each parcel of property for which ownership is transferred within and by said administrative subdivision.
(9) For corrections of legal descriptions, an affidavit signed by the affected owners stating that the description was in error and a corrected legal description. The correction shall be recorded and an appropriate notation shall be placed on the recorded plat;
(10) For dedication or granting of easements for purposes other than access, a legal description. The easements shall be recorded and an appropriate notation shall be placed on the recorded plat;
(11) For dedication of right-of-way or access easements, a legal description and a plat showing the parcels and the location of the right-of-way or easement. In addition, for right-of-way dedication, certification by a registered land surveyor that monuments will be set indicating the relocated property lines; and
(12) For division of a building site containing an existing dwelling from an agricultural parent tract, evidence that the dwelling has been on the site for at least three years and a survey by a registered land surveyor meeting the minimum standards contained in § 156.177 and monumentation as required in § 156.178.
(E) Length of approval.
(1) The approved administrative subdivision shall be recorded in the County Recorder’s office within 120 days of certification by the Department. Any subdivision and certification not recorded within that period shall become null and void.
(2) The approved administrative subdivision and any deed as required by division (C)(8)(c) above shall be recorded concurrently in the County Recorder’s office within 120 days of certification by the Department. Any subdivision, deed(s) and certification not recorded within that period shall become null and void.
(Prior Code, § 8-27) (Ord. 1991-15, passed 12-30-1991; Ord. 03, 2013, passed 10-21-2013)