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(A) Discussion of requirements: predesign conference. Prior to submitting any of the materials required by this chapter, the applicant or his or her representative shall discuss with the Administrator the nature of the land division being proposed, so that the applicant may be instructed concerning the classification of his subdivision and the regulatory procedures that apply to it and must be followed under this chapter in order to secure primary and secondary approval. Where applicable, requirements concerning the general layout of streets and for reservations of land, street improvements, drainage, sewerage, fire protection, and similar matters, as well as the availability of existing services should be discussed. The Administrator should also advise the applicant, where appropriate, to discuss the proposed land division with those other officials who must eventually approve those aspects of the subdivision plat coming within their jurisdiction. The distinction between major and minor subdivisions and exempt divisions, as defined in this chapter, shall be made by the Administrator when the applicant submits an application for sketch plan approval in the case of major and minor subdivisions, division.
(B) Classification of land divisions.
(1) All land to be divided shall be categorized into one of the three main classes of land division indicated in this chapter’s definition of subdivision. These classes are:
(a) Major subdivisions;
(b) Minor subdivisions; and
(c) Exempt divisions.
(2) Exempt divisions are not subject to the requirements of this chapter unless and until development of any nature is undertaken on the lots created by the division. As a point of emphasis, any division that would otherwise be an exempt division that is actually undertaken with the intent to undertake development of the resulting lots within a reasonable time frame from the division is NOT an exempt division. It is expressly the intent of this chapter to include within its scope divisions which may appear to be exempt but are undertaken with the intent or effect of avoiding the application of this chapter.
(3) Before any permit shall be granted for a structure to be erected on land to be subdivided into a major or minor subdivision, the subdividing owner or his subdivision agent shall apply for and secure approval of the proposed § 157.032 or § 157.033 of this chapter as appropriate. Before any permit shall be granted for a structure to be erected on a parcel of land to created or altered by an exempt division within two years of the effective date of the division, the land divider or his agent shall certify to the satisfaction of the Administrator that all requirements for exemption have been met.
(Ord. 2011-07, passed - - )