A subdivision of land into no more than three lots, tracts or parcels. Said subdivision shall include all processes related to the conveyance of title by (1) deed described by metes and bounds; and (2) deed described by reference to an unapproved plat.
(A) Classification as deed approval. Subdivision of land shall be classified as a deed approval if:
(1) An existing lot, tract, site or parcel of land is subdivided into no more than three lots, tracts, sites or parcels. Said subdivision shall include all processes related to the conveyance of title by:
(a) Deed by metes and bounds description; or
(b) Deed described by reference to an unapproved plat.
(2) The subdivision does not involve nor include the dedication or abandonment of public rights-of-way and/or easements.
(3) The subdivision can satisfy these regulations and other applicable ordinances and statutes without the construction of streets, water facilities, storm drainage facilities or other improvements. It is the intent of this provision to limit this classification to those cases where the improvements required by these regulations have been provided and all such improvement requirements have been satisfied.
(4) The property is zoned commercial, institutional, or industrial. Property located in CBD zoning districts is not eligible for classification as deed approval.
(B) Classification as deed approval not construed to waive requirements. The classification of a subdivision as a deed approval procedure shall not be construed to waive any requirements of these regulations, nor the provisions of any other ordinance or statute pertaining to the property.
(C) Deed approval procedure. Administrative review and approval of deed approvals is required in accordance with the following procedures:
(1) Submittal of application. Application for deed approval review shall be filed with the Community Development Director. Such application shall consist of the proposed deed with the legal description provided there on or attached thereto as Exhibit for the subject property and, at the discretion of the Director, a site plan or survey of the subject property. All items submitted in paper form shall also be submitted in digital form. A fee, as set forth by the Bethany City Council, shall also accompany the application.
(2) Subdivision review process. The Community Development Director shall submit the application for review and comment to The Lot Adjustment Committee. The Lot Adjustment Committee may approve or disapprove a request. Approval of a request shall be by unanimous signed consent of the total membership of the Lot Adjustment Committee. Any disapproved request may be appealed to the Planning Commission and subsequently to the City Council. The Community Development Director may submit the application to other agencies and/or departments as staff deems necessary. Within 14 days of the official date of the submission of a complete application, the Lot Adjustment Committee shall approve or disapprove the application for deed approval and the Community Development Director shall notify the applicant of said decision. However, the applicant may waive this requirement and consent to an extension of said period. If the application is not approved by the City of Bethany, the applicant may apply to the Planning Commission and subsequently to the City Council for public hearing and action.
(D) Delegation of authority for administrative approval of deeds. The Lot Adjustment Committee has the authority to approve deeds under the following conditions:
(1) Pre-existing deeds. The property to be conveyed by the deed submitted for review existed in its present configuration prior to its annexation to the city or prior to the December 13, 1973, adoption of the Bethany Subdivision Regulations. Documentation of prior configuration shall be required.
(2) Exempted deeds.
(a) The configuration of the property to be conveyed was created by a court decree or by an action of other governmental authority. Documentation of such court decree or governmental action shall be required.
(b) The property to be conveyed is bounded on all sides by properties that have previously received deed approvals by the Lot Adjustment Committee or Planning Commission. Documentation of such deed approvals shall be required.
(c) The deed submitted for review is exempted from the requirements of Planning Commission approval by any provision of state law. Documentation of such exemption shall be required.
(d) The property to be conveyed existed in its present configuration prior to December 13, 1973, and meets the following criteria:
1. It is in compliance with all requirements and regulations of the Drainage and Flood Damage Prevention Ordinances; and
2. It is not landlocked nor does it landlock another lot, tract or parcel of land.
(3) Other deeds eligible for administrative approval. The property to be conveyed meets the following criteria:
(a) All current subdivision regulations are met, including all ordinances and regulations relating to the improvements of streets and the installation of water, sewer and drainage facilities.
(b) Properties must front on approved streets meeting city standards, except in the case of
property included in a PUD approved by the City Council and under the conditions described in division (D)(3)(a)8. below.
(c) All applicable regulations of the Planning and Zoning Ordinances are met, including those regulations concerning nonconforming uses.
(d) All applicable regulations of the Drainage and Flood Damage Prevention Ordinances are met.
(e) All applicable regulations of the sewer ordinances are met.
(f) No more than three total lots, tracts or parcels, regardless of size, are being created from a presently platted lot, tract or parcel.
(g) Nonresidential zoned or developed lots, tracts or parcels must maintain a minimum frontage/width of 50 feet at the front property line, except in the case of property included in a PUD approved by the City Council and under the conditions described in division (D)(3)(a)8. below.
(h) When a proposed deed approval pertains to property that is part of a Planned Unit Development (PUD) that has been properly approved by the City Council, the street frontage requirements of division (D)(3)(a) 2. and 7. above may be relaxed under the following conditions:
1. Any common features including, but not limited to, access ways, parking areas, easements, setbacks, landscaping reserves, or other public spaces as described in the approved PUD must be preserved.
2. Preservation and maintenance of common features, especially access ways and parking, must be guaranteed by the PUD design documentation, owners' association duties, and/or the proper covenants and restrictions. Said documentation, covenants, and restrictions must be approved by the City Attorney and shall be enforceable by the City of Bethany as a beneficiary of same.
(i) Approval of the deed submitted shall not create a substandard lot on adjoining property. The deed submitted may be approved if the substandard lot created on the adjoining property is combined by restrictive covenant with other property to create a standard lot. Both deeds must be approved simultaneously, and the restrictive covenant must be of a form approved by the City Attorney and be filed in the office of the County Clerk.
(4) Limits of delegated authority. No further delegation of the Planning Commission's authority for deed approval is hereby granted or implied. Nothing in this section shall prevent the applicant from requesting a public hearing before the Planning Commission.
(E) Staff guidelines regarding improvements.
(1) Required improvements. When requests for deed approvals are submitted to the Planning Commission, requirements for improvements shall be determined by the City Council, after review by the Planning Commission.
(2) Paving. The Community Development Director shall recommend the installation of proper street paving with the approval of all deeds, if that paving does not already exist.
(3) Water. The Community Development Director shall recommend the extension and installation of water mains to serve all subdivided property.
(4) Sanitary sewer. The Community Development Director shall recommend the extension and installation of sanitary sewer lines to serve all subdivided property.
(5) Force of approval. Once the initial deed or any subsequent deed has been approved by the Lot Adjustment Committee or Planning Commission, such approval relates back to the original subdivision and covers all future conveyances using the same legal description. However, no more than three deed approvals shall be approved based on the initial deed or any subsequent deed.
(Ord. 1784, passed 5-15-07) (Am. Ord. 1974, passed 8-16-19)