(A) Discussion of requirements; predesign conference. Prior to submitting any of the materials required by this chapter, the applicant or his or her representative should discuss with the Administrator the nature of the land division being proposed, so that the applicant may be instructed concerning the classification of his or her subdivision and what regulatory procedures 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 shall 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 or, in the case of exempt divisions, provides the Administrator at a predesign conference with adequate information to enable him or her to determine that the proposed division is an exempt 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 subdivision; and
(c) Exempt divisions.
(2) Exempt divisions are not subject to the requirements of this chapter beyond the determination by the Commission that they meet all the requirements for exempt divisions set forth in § 150.029. However, lots created by Exempt I divisions (except Exemption F) shall be ten or more acres in size to be eligible as principal use building sites (Exemption A in the definition of subdivision), unless such lots have been created by order of a court (Exemption C). No building site for principal use created through Exemption A shall be reduced below ten acres unless through subdivision or by order of a court (Exemption C). For purposes of this paragraph, a lot is “created” on the date of its recording. (See § 150.014 for the definition of a principal use building.)
(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 or her subdivision agent shall apply for and secure approval of the proposed subdivision in accordance with § 150.026 and either §§ 150.027 or 150.028 as appropriate. Before any permit shall be granted for a structure to be erected on a parcel of land to be created or altered by an exempt division, the land divider or his or her agent shall certify to the satisfaction of the Commission that all requirements for exemption have been met, as detailed in § 150.029, in order to exempt the land division from all other requirements of this chapter.
(Ord. 5-1992, passed 7-21-1992)