(A) Scope. The minor subdivision procedure may be used when a proposed subdivision meets all of the following conditions:
(1) The subdivision adjusts the lot lines of two or more lots without creating additional lots; or creates no more than four lots from any single parcel, tract, block or lot. Minor subdivisions outside of city limits, but adjacent to will be required to voluntarily annex;
(2) The subdivision is served by existing utilities and does not require the creation or extension of streets, utilities or public improvements and no new dedication of public right-of-way or easements is involved; and
(3) Each lot resulting from the subdivision procedure will conform fully to all requirements of the zoning district that pertain to the lots; and each lot is developable according to the site development regulations of the Chapter 151 and this Chapter 152 as evidenced by a site plan prepared by a licensed surveyor.
(4) No part of the parcel, tract, block or lot has been the subject of a previous administrative subdivision or minor subdivision approval. Once an administrative or minor subdivision has been approved, neither the original nor the resulting parcel(s), tract(s), block(s) or lot(s) are eligible for future administrative or minor subdivision.
(5) The administrative official reserves the right to request a Development Review Team (DRT) meeting as described in § 152.023, upon which all required of the DRT meeting must be met and followed.
(B) Application and approval procedure. An application for a minor subdivision may be approved under the following procedure:
(1) (a) The applicant submits an application on a form established by the Engineering Department and includes the supporting documents required for minor subdivisions in the table in § 152.023(F)(4). The application for final plat approval shall be submitted through the city’s website application submittal platform.
(b) These documents shall include a plat of all lots and parcels that are affected by the action, prepared by a state licensed surveyor and a certificate of title prepared by a licensed registered abstractor verifying the ownership of said property, all lienholders and real estate tax payment status.
(2) Following submission, the administrative official shall review each application according to the following criteria within 14 working days:
(a) Compliance with the conditions for contained in this section;
(b) Consistency with the Comprehensive Development Plan;
(c) Potential adverse environmental effects or effects on neighboring properties; and
(d) Contains a completed development agreement.
(3) (a) Following such review, the administrative official may approve the minor subdivision. Such approval shall be denoted by signed certificate of approval. The signed plat must be filed by the developer with the County Register of Deeds.
(b) If the approved plat is not filed within 90 days of the approval by the developer, such approval shall be null and void.
(4) The administrative official retains the right to disapprove or not act on the minor subdivision application. In the event of such action, the application may proceed through the major subdivision process.
(5) The administrative official shall keep a complete and accurate record of all minor subdivision approvals.
(6) Following approval of the minor subdivision, it shall be the duty of the applicant’s surveyor/engineer to provide the city with a hard copy and an electronic file in the format required by the city, of the newly formed minor subdivision, including the County Register of Deeds signed and stamped recording information.
(Ord. 23-09, passed 8-21-2023) Penalty, see § 152.999