Before determining that a subdivision is eligible to be considered under this chapter, the Planning Director shall find that all of the following criteria are satisfied.
(A) Orderly development. The subdivision will not impede orderly development of land or the provision of public services and improvements.
(1) The subdivision will not interfere with the implementation of the Comprehensive Plan.
(2) The subdivision will not interfere with the provision of streets to provide access to adjoining or nearby property in the event that the property is developed in the future.
(B) Utilities and drainage. All parcels in the subdivision will have adequate utilities and drainage.
(1) All lots shall be served by a sanitary sewer or other sewerage system approved by the State Department of Health or they shall have the capability to contain a subsurface disposal system which complies with all requirements of the State Department of Health and the County Health Department. Any subdivision of land which requires the extension of existing sewers or the construction of new treatment facilities shall be considered as a major subdivision. If extension of sewer service is found to be a feasible alternative and is desirable because of soil conditions, topography, lot sizes or other factors, the petition shall be considered as a major subdivision.
(2) All lots shall be served by a public or quasi-public water system or shall have the capability to contain a well which complies with all requirements of the State Department of Health and the County Health Department.
(C) Access. All parcels in the subdivision and adjacent land will have adequate ingress and egress without the construction of any new streets or substantial improvement to existing streets.
(1) All lots will have legal access to a platted private street or to a public street which has been accepted for maintenance by, or has been continuously maintained for a period of ten years immediately preceding the filing of the subdivision, by a public agency regularly having responsibility for the maintenance.
(2) Frontage on limited access streets on which driveways cannot open shall not constitute legal access.
(3) If, by reason of topography, natural or human-made features or other conditions relating to the property requested for subdivision, better access can be provided through construction of a new street, the petition shall be considered as a major subdivision.
(a) For the purposes of this division, any subdivision that involves the cumulative creation of no more than four new buildable lots, excluding any that are permitted through an administrative subdivision process, shall not require road improvements or the construction of new streets. Such subdivisions shall be considered as having been provided with the best possible access through individual driveways, provided that the areas available for driveway locations meet all applicable requirements of this chapter, the Zoning Ordinance and the County Engineer. In no instance shall this be interpreted as waiving the required dedication of right-of-way along the frontage of any new lots created, consistent with § 156.092(A)
(b) Any subdivision that involves the cumulative creation of more than four new buildable lots, excluding any that are permitted through an administrative subdivision process, shall not be approved by the Plat Committee, but shall instead be forwarded to the Plan Commission. The Plan Commission shall consider the thoroughfare plan and the specifications of this chapter for new roads in determining adequate ingress and egress, any needed road improvements, and whether or not better access can be provided through the construction of a new street. If the Plan Commission determines that a new street is required and/or that road improvements are required, and they are substantial, the application shall be considered a major subdivision and shall be refiled as such.
(c) The four buildable lots shall be calculated from the effective date of this chapter, October 21, 1986.
(d) The use of an access easement, consistent with § 156.096, shall not be considered as the extension or construction of a private street.
(4) All lots will have driveway locations which will provide for adequate sight distance and will be properly spaced according to county standards.
(5) Land adjacent to the property involved in the subdivision also will have adequate access according to the criteria contained in this section.
(D) Suitability. All lots in the subdivision will provide suitable building sites for the purpose for which the land is to be used. Land suitability shall be determined by the criteria contained in § 156.091.
(E) Endangerment. The subdivision will not be detrimental to nor endanger the public health, safety or general welfare.
(Prior Code, § 8-34) (Ord. 1986-7, passed 10-21-1986; Ord. 05, 2011, passed 8-1-2011)