The minor subdivision exemption process is to change real property boundaries to create five or fewer new parcels.
(a) Criteria. An application must meet, at a minimum, all of the criteria below.
(1) Creates no more than a total of five parcels.
(2) Resulting parcels comply with all applicable zoning, building, fire, and health codes, rules and regulations.
(3) All of the parcels created comply with the minimum lot size requirements in the applicable zoning district.
(4) Resulting parcels are accessed, at a minimum, by a public right-of-way that meet, or with improvements can meet, Municipal Road Design Standards.
(5) All of the parcels can comply with Municipal and Health Department Sewage Disposal Requirements.
(6) The owner(s) shall provide for the construction to extend all utilities to the site and other public infrastructure as may be required at no cost to the municipality.
(b) Submittal Process. The submittal processes below shall apply to all minor subdivision exemptions:
(1) The applicant shall file two complete copies of the exemption request and appropriate documentation to the Planning and Zoning Administrator.
(2) The submittal shall be reviewed in a timely manner for completeness by the Planning and Zoning Administrator. The applicant shall be notified in writing of any inadequacies, missing, or incomplete documentation. No application for minor subdivision shall be reviewed by village officials until all required information has been received by the Planning and Zoning Administrator.
(3) The Planning and Zoning Administrator may consult with the municipal engineer or other municipal officials as necessary.
(4) The Planning and Zoning Administrator shall approve, approve with conditions, or deny the exemption based on the information presented and compliance with the adopted standards, regulations and policies of the municipality.
(5) If the Planning and Zoning Administrator denies the exemption request, the applicant shall have the right to appeal it to Council in accordance with § 1105.08 of these Subdivision Regulations. If the request is approved on appeal, the applicant shall submit the final exemption documents.
(c) Submittal Requirements. In addition to the submittal requirements listed below, the Planning and Zoning Administrator may request other materials or information as deemed necessary, before or during the process.
(1) Application form, as provided by the Planning and Zoning Administrator, signed by the property owner(s).
(2) A fee as stipulated by Chapter 1117, paid by the applicant, shall be included with all application filings.
(3) Preliminary drawing: drawing at a scale not less than 1" = 100'. The Plan shall depict the following:
A. The title shall be placed at the top of the sheet and include the name of the proposed exemption and a general description.
B. The drawing shall include: the preparation date; a north arrow designated at true north; a written and graphic scale; the name and address of the owner and person who prepared the exhibit.
C. The boundaries of the proposed parcels shall be depicted in a heavy solid line.
D. Boundaries of adjacent properties or portions of those boundaries that are in immediate proximity of the parcels proposed for subdivision shall be depicted in a lighter line weight.
E. Depict all existing roads, structures, utilities, earthwork, site modifications and easements as applicable.
F. Depict all lots providing accurate dimensions for each.
(d) Final Exemption Documents. Upon approval of the exemption request a full certified land survey for all affected parcels shall be submitted including new legal descriptions. The survey shall be at a scale not less than 1" = 100'. New legal descriptions are not valid until the final approved documents are signed and recorded with the applicable County Auditor and Recorder. If the new legal descriptions are not recorded within 30 calendar days of approval, the descriptions shall become null and void.
(Ord. 2020-10, passed 6-15-2020)