(A) General. Agricultural subdivisions are subject only to certification by the Department that all property involved in the subdivision meets the criteria contained in the definition of “subdivision, agricultural” in § 156.006. With the exceptions listed below, land subdivided under the terms of this section shall not be considered building lots and no building permit shall be issued on a parcel so subdivided.
(1) Permits may be issued to remodel, expand, improve or repair a dwelling existing on an agricultural parcel at the time of the subdivision.
(2) In the event a dwelling existing on an agricultural parcel at the time of the subdivision is destroyed, a permit may be issued to construct a new dwelling to replace it, but no other new residential structures shall be permitted.
(B) Filing fee. A request for Department review of an agricultural subdivision shall be accompanied by the required filing fee as established by the Commission.
(C) Submission materials. The following materials shall be submitted by an applicant for approval of an agricultural subdivision:
(1) Application signed by the owner(s) of record of all property involved in the subdivision;
(2) Legal description of the property;
(3) Documentation sufficient to show that the property involved in the subdivision meets the criteria contained in the definition of “subdivision, agricultural” in § 156.006;
(4) A drawing prepared in accordance with the standards contained in § 156.176, showing the area of each lot or parcel in acres (for parcels larger than 20,000 square feet) or square feet, and the configuration of the property before and after the proposed subdivision, and showing the location and nature of the legal access to the property. The drawing shall be set at a scale no smaller than one inch equals 400 feet, unless the size and configuration of the property makes this scale impractical. Where appropriate, the drawing may be prepared with a broken scale; and
(D) Subdivision with agricultural remainder. A subdivision involving a division of land classified as a minor subdivision and also involving land meeting the criteria for an agricultural subdivision may be handled in accordance with the procedure described in § 156.039. A subdivision involving a division of land classified as a major subdivision and also involving land meeting the criteria for an agricultural subdivision may be handled in accordance with the procedure described in § 156.059.
(F) Length of approval. Agricultural subdivisions must be recorded in the County Recorder’s office within 120 days after certification by the Department that the subdivision meets the required criteria. Any agricultural subdivision not recorded within that time shall be null and void.
(Prior Code, § 8-27) (Ord. 1986-7, passed 10-21-1986; Ord. 1987-01, passed 7-27-1987; Ord. 1987-01, passed 10-21-1986)