(A) General procedure for Exempt I divisions.
(1) In order for a land division to be considered an Exempt I division the information prescribed for the applicable type of division under § 150.079 shall be submitted to the Administrator so that he or she can determine whether the division meets the provisions of the definition and § 150.020 for the classification and therefore can issue to the subdivider a statement of compliance to the applicable provisions of this chapter.
(2) Both the subdivider and the Administrator shall hold copies of the statement of compliance.
(3) When the parcel so exempted by this statement is conveyed to another party the copy of the instrument of conveyance shall be recorded with the County Recorder bearing a stamp of approval signed by the Administrator indicating that the statement of compliance has been obtained as ascertained by the copy(s) of the statement which have been held for this purpose.
(B) General procedure for Exempt II divisions. In order for a land division to be considered an Exempt II division and thus be exempted from all other provisions of this chapter except the definitional requirements in § 150.003 under SUBDIVISIONS, the requirements of § 150.020 and the information requirements of § 150.024(C), certain conditions shall be met and certified to the appropriate agency by the Administrator after his or her determination of qualification for this status has been made.
(C) Necessary conditions for Exempt II divisions. In addition to definitional requirements and § 150.020, a land division qualifying as an Exempt II division shall be shown as meeting the following conditions.
(1) If a parcel created by an exempt division does not have sanitary sewer service available to it, that tract shall contain within its boundaries sufficient soil of a kind defined by Indiana State Board of Health Bulletin HOSED 25-R or its successor to allow for the proper installation of an on-site disposal system.
(2) If a parcel created by an exempt division has frontage on a public road, the land divider shall dedicate to the public real property of a width sufficient to meet 1/2 of the required right-of-way width for that specific public road as indicated on the town thoroughfare plan or the official map and of a length along that public road equal to the length of that parcel along that roadway.
(3) If a parcel created by an exempt division has frontage on a public road, the depth of that parcel shall not be greater than twice the length of that frontage, the depth being measured from the front lot line to the rear lot line of the parcel.
(4) If a parcel created by an exempt division requires a private roadway because the parcel lacks frontage on a public road, the roadway shall either be fully constructed in accordance with the following minimum standards prior to the issuance of a building permit or be adequately assured to the permit issuer's satisfaction that it will be constructed to the following minimum standards:
(a) Minimum width of 16 feet;
(b) Minimum depth of 8 inches of Types P or O made stone or gravel. A private roadway need only provide access as far as the parcel's property line and is not intended to include any individual drive within the parcel; and
(c) An easement covering the roadway be recorded granting access to the parcel over the private roadway.
(D) Certification of Exempt II divisions. As the conditions in division (B) above apply, the land divider shall provide to the Administrator:
(1) Written evidence that the County Board of Health has been satisfied by a duly authorized representative of a qualified soil testing service as to the presence within the parcel of sufficient soil of a kind defined by Indiana State Board of Health Bulletin HOSED 25 R or its successor to allow for the proper installation of an on-site septic sewage disposal system;
(2) Official documentation indicating the dedication of right-of-way to the appropriate jurisdiction;
(3) A metes and bounds description of the parcel being created indicating that its depth is no more than twice the frontage; and
(4) A notarized affidavit assuring construction of a private roadway to the standards previously indicated, prior to the issuance of a building permit for that parcel.
(E) Exempt division review process. Within 3 working days of the land divider's complete submission of the required information in the case of Exempt I Divisions (§ 150.079) or the required information and certification (division (D) above) in the case of Exempt II Divisions, the Administrator shall review the submission and notify the land divider that his or her proposed land division either qualifies as an exempt division and is thus exempt from all the provisions of this chapter, or does not qualify as an exempt division and is thus subject to the relevant subdivision processes described in this chapter.
(F) Dissolution.
(1) A recorded Exempt II division or portion thereof may be dissolved by the property owner or owners if, in doing so, no provision of this or any other ordinance, rule, regulation, statute or provision of law is violated. To do so, 10 copies of a statement dissolving the Exempt II division (or any part of it) shall be submitted to the Administrator for review of compliance with above-stated ordinances, rules and the like. This statement, signed by all legal owners, contract buyers and optionees of the property and notarized, shall contain the Exempt II division number assigned by the Administrator and legal descriptions of the parcels involved.
(2) Upon a finding of compliance, the Administrator or his or her designee shall sign all 10 statements. Once signed, the approved dissolution is eligible to be recorded.
(3) It shall be the responsibility of the land divider in the presence of the Administrator or his or her designee to file the approved dissolution with the County auditor and recorder within 30 days of the date signature. Failure of the land divider to so file and record shall automatically invalidate the approval, rendering it null and void and requiring a complete resubmittal for approval.
(4) Upon recording the dissolution statement, the landowner is once more eligible to pursue the full Exempt II division process as per this section. That is, the land involved, for purposes of land division, is restored to its Pre-Exempt II division status.
(1996 Code, Chap. 11, § 3.5)