(A) Lot splits.
(1) The Zoning Administrator may administratively approve applications for lot splits that do not require a variance. An application form, along with three copies of a site sketch and the appropriate fee, as determined by this chapter, must be submitted to the Zoning Administrator. In addition, if deemed necessary to determine compliance with the standards of this chapter, the Zoning Administrator may request a map or sketch, drawn to scale or a survey, showing the following:
(a) Name and address, including telephone number, of the legal owner and/or agent of the property;
(b) All contiguous property and all roads and their legal names;
(c) Proposed new property lines with the dimensions noted;
(d) Proposed driveway locations and the location of existing driveways on the same side of the road;
(e) Location of any existing and proposed legal rights-of-way or public and private easements encumbering the property;
(f) Proposed legal description of the parcel(s) to be subdivided;
(g) Location, purpose and dimensions of all buildings. Location shall note the distance of those buildings closest to property lines from the existing and proposed lines;
(h) Location of any existing tile lines, abandoned wells, drainage ways, waterways, watercourses, lakes, wetlands and the top and toe of any bluffs present. When applicable, the ordinary high water level and the 100-year flood elevation shall be shown;
(i) Location of a primary and alternate site for individual septic treatment systems with a copy of percolation tests and soil borings; and
(j) Location of all existing and proposed public or private easements.
(2) The Zoning Administrator may require such revisions as are necessary to meet code requirements.
(3) The Zoning Administrator shall make a decision to approve or disapprove a requested lot split within ten working days of submission of a completed application or may refer the application to the Planning Commission. The Zoning Administrator shall provide written notice of any such decision to the owner or subdivider.
(4) Any decision of the Zoning Administrator, unless appealed, shall be the final decision.
(5) (a) Any decision of the Zoning Administrator regarding lot splits may be appealed to the Planning Commission following transmission of a written notice of appeal that specifies the subject and grounds therefor.
(b) The notice must be received by the Zoning Administrator within ten days following the issuance of the order, requirement, decision or determination that is the subject of the appeal.
(c) The Zoning Administrator will forward the appeal to the Planning Commission.
(6) Upon appeal, the Planning Commission will take action to approve or deny the lot split request. The Zoning Administrator shall notify the owner and subdivider in writing of the Planning Commission’s decision.
(B) Driveways.
(1) A driveway permit must be approved by the Building Official prior to construction.
(2) In essence, a driveway cannot interrupt the natural or ditch line flow of drainage water. In some cases where shallow ditch lines or natural drainage courses exist, driveways may be swaled at a point beyond the road shoulder to accommodate the flow of storm water. In all other cases, driveways must have sufficiently sized culverts installed and maintained by the homeowner or subdivider. Stabilization of the driveway in-slope must be provided as part of the final grade.
(3) Final driveway acceptance shall rest with the Building Official. Any decision of the Building Official regarding driveway permits may be appealed to the Planning Commission following transmission of a written notice of appeal, which specifies the subject and grounds therefore. The notice must be received by the Zoning Administrator within ten days following the issuance of an order, requirement, decision or determination that is the subject of the appeal. The Zoning Administrator will forward the appeal to the Planning Commission.
(4) Upon appeal, the Planning Commission will take action to approve or deny driveway permit appeal requests. The Zoning Administrator shall notify the owner and subdivider in writing of the Planning Commission’s decision.
(5) In no case shall the culvert pipe under a driveway be less than 18 inches in diameter, with aprons.
(6) The cost of culverts shall be borne by the homeowner or subdivider.
(7) Driveways shall intersect the roadway at a preferred angle of 90 degrees, but in no case shall the intersection angle be less than 60 degrees.
(8) An all season safe distance of 200 feet in each direction must be present for a building permit to be issued.
(9) No driveway shall be constructed within 50 feet of an intersecting street. One hundred feet is preferable.
(10) The maximum allowable driveway width shall be 20 feet, not counting the flares. The desirable width shall be 12 to 15 feet and the minimum width shall be ten feet.