Approval or disapproval of lot splits shall be made based on the following guidelines:
A. Approvals: No lot split shall be approved if:
1. A new street or alley is needed or proposed;
2. A vacation of streets, alleys, setback lines, access control or easements is required or proposed;
3. Such action will result in significant increases in service requirements, e.g., utilities, schools, traffic control, streets, etc., or will interfere with maintaining existing service levels, e.g., additional curb cuts, repaving, etc.;
4. There is less street right of way than required by these regulations or the comprehensive plan unless such dedication can be made by separate instrument;
5. All easement requirements have not been satisfied;
6. Such split will result in a tract without direct access to a street; or (Ord. 04-01-001, 5-4-2004)
7. A lot size of less than seven thousand five hundred (7,500) square feet will be created.
B. Additional Requirements: Along with the recommendation of the planning and zoning commission, the town council may make such additional requirements as deemed necessary to carry out the intent and purpose of existing land development regulations and governing body policy. Requirements may include, but not be limited to, installation of public facilities, dedication of rights of way and easements, and submission of covenants for the protection of other landowners. (Ord. 09-12-013, 10-1-2013)
C. Planning And Zoning Commission Recommendation; Town Council Decision: The planning and zoning commission shall recommend to the town council either to approve with or without conditions of the lot split within thirty (30) days of application. The town council shall, in writing, report their decision to the applicant. If approved, and after all conditions have been met, the town council shall sign and furnish a certificate of approval to be affixed to the lot split survey, and a certified copy thereof shall be filed with the register of deeds, the official designated to issue the building or occupancy permits, and a copy shall be furnished to the applicant. (Ord. 04-01-001, 5-4-2004)