(A) General provisions for Exempt I divisions. In order for a land division to be considered an Exempt I division, the information prescribed for the applicable type of subdivision under § 150.094 as exhibits to a petition for a certificate of exclusion for Exempt I division shall be submitted to the Administrator. The Administrator shall place the matter on the Commission’s next regular meeting agenda. At such public meeting, the Commission shall determine whether the proposed land division meets the provisions of the definitions under §§ 150.014 and 150.025 for this classification. If the Commission determines that the proposed land division is an Exempt I division, the Commission shall issue a certificate of exclusion for an Exempt I division signed by the designated officials of the Commission. Both the subdivider and the Commission shall hold copies of the certificate of exclusion for an Exempt I division. When the parcel so exempted by this certificate of exclusion is conveyed to another party, the original certificate of exclusion shall be filed and recorded with the County Auditor and County Recorder, respectively, along with the conveyance of the parcel.
(B) General procedure for Exempt II divisions. In order for a land division to be considered an Exempt II division, the information required under § 150.095 in compliance with the conditions under division (C) below as exhibits to a petition for a certificate of exclusion for Exempt II division shall be submitted to the Administrator. The Administrator shall place the matter on the Commission’s next regular meeting agenda. At such public meeting, the Commissioner shall determine whether the proposed land division meets the provisions of the definitions under §§ 150.014 and 150.025 for this classification and complies with the conditions under division (C) below. If the Commission determines that the proposed land division is an Exempt II division, the Commission shall issue a certificate of exclusion for an Exempt II division signed by the designated officials of the Commission. Both the subdivider and the Commission shall hold copies of the certificate of exclusion for an Exempt II division. When the parcel so exempted by this certificate of exclusion is conveyed to another party the original certificate of exclusion shall be filed and recorded with the County Auditor and County Recorder, respectively, along with the conveyance(s) of the parcel(s).
(1) Sewer service. If a parcel created by such an exempt division does not have sanitary sewer service available to it, the tract shall contain within its boundaries sufficient soil of a kind defined by Indiana State Board of Health Bulletin HSE 25-R or its successor to allow for the proper installation of an on-site septic sewage disposal system.
(2) Dedication of right-of-way. If a parcel created by such 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 one-half of the required right-of-way for that specific public road as indicated on the city thoroughfare plan or the official map and a length along that public road equal to the length of that parcel along that roadway.
(3) Depth of parcel. If a parcel created by such 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, such depth being measured from the front lot line to the rear line of the parcel.
(4) Private roadways. If a parcel created by such an exempt division requires a private roadway because such parcel lacks frontage on a public road, such 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; and
(b) Minimum depth of eight inches of Type P or O made stone or gravel. Such 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.
(5) Certificate of Exempt II divisions. As the conditions in division (B) above apply, the land divider shall provide to the Administrator:
(a) 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 HSE 25-R or its successor to allow for the proper installation of an on-site septic sewage disposal system;
(b) Official documentation indicating the dedication of right-of-way to the city;
(c) A metes and bounds description of the parcel being created indicating that its depth is no more than twice the frontage; and
(d) 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.
(6) Dissolution.
(a) 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, ten 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 the 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. The Administrator shall place the matter on the Commission’s next regular meeting agenda.
(b) Upon a finding of compliance at such public meeting, the Commission, by the designated officials of the Commission, shall sign all ten statements. Once signed, the approved dissolution is eligible to be recorded.
(c) The land divider, in the presence of the Administrator or his or her designee, shall file and record the approved dissolution with the County Auditor and County Recorder, respectively, within 30 days of the date of signature. Failure of the land divider to so file and record shall automatically invalidate the approval, rendering the approval null and void and requiring a complete resubmittal for approval.
(d) Upon recording the dissolution statement, the landowner is once more eligible to pursue the full Exempt II division process as per this section. The land involved, for purposes of land division, is restored to its pre-exempt division status.
(Ord. 5-1992, passed 7-21-1992)