(A)   If a proposed subdivision is exempt under the “Subdivision Control Ordinance of Steuben County,” then such subdivision is exempt for the approval provisions of §§ 152.70 through 152.74 of this chapter subject to the following conditions:
      (1)   All data required to be on a final plat approval under § 152.24 shall be set forth on the plat except that final protective covenants need not be approved, unless the land has been rezoned or the subject of a variance. If land has been rezoned or was the subject of a variance, the date of the action must be given along with the recordation date and reference to the Recorder's record. Provided, however, the detail is not required in the case of land located in an area zoned agriculture and where the subdivision will result in no parcel being less than ten acres in size, in an area zoned industrial where no parcel is less than 15 acres in size, or in an area zoned lake residential where the division will result in no more than two lots both of which would be as large as the current minimum lot for an area and all adjoining lot owners have consented to the subdivision.
      (2)   All dedications and certifications required under the “Subdivision Control Ordinance of Steuben County” are to be submitted in recordable form attached to, or on the face of, the plat along with an affidavit of the engineer or surveyor preparing the plat that the facts do exist which entitles the subdivision for exemption and the certifications required under § 152.25(D) and detailed in Appendix I through IV.
      (3)   The engineer or surveyor shall certify that the proposed subdivision will not adversely alter, condense or accelerate drainage to or across any property owned by adjoining property owners at the time of the subdivision.
   (B)   Regardless of the provisions of the “Subdivision Control Ordinance of Steuben County,” the plat and dedication of any street or public way made in the course of any subdivision herein shall not be considered as accepted for maintenance, repair, snow removal, mowing or similar purposes until the Plan Commission and the Town Council shall have approved by resolution and ordinance at a public session the platted street or way, and the subdivider shall have posted surety as required by this chapter. Whenever a street or public way is platted, but is not intended to become a public street or way or where it was so intended, but such a resolution and ordinance have not been obtained, any conveyance of any lot resulting from the subdivision must specifically state that the street or way has not been accepted as a public street or way and is not entitled to the services.
   (C)   No subdivision exempted by this section is to be effective until all of the documents required hereby have been submitted to, reviewed by, and approved by the Administrator, and recorded with the County Recorder in the county in which the land is situated.
   (D)   The Administrator may submit a proposed exempt subdivision to the Plan Commission for its advice whenever:
      (1)   The Administrator is in doubt as to whether any subdivision is or is not exempt;
      (2)   The proposed exempt subdivision will create parcels of irregular shape, or otherwise hamper future use or development;
      (3)   The subdivider appears to be engaging in sham transactions for the purpose of avoiding the formal approval procedures of this chapter without complying with the policies of this section; or
      (4)   The proposed exempted plat will result in, or is expected to result in strip residential or strip commercial development.
   (E)   In the event the Administrator submits a proposed exempt subdivision to the Plan Commission, he shall first give notice to the subdivider that a submission is to be made and also to any adjoining property owners who have filed written objections to the exempt subdivision. In the event there are no objections to the exempt subdivision, the subdivider may waive notice of the submission. In the event the Plan Commission, after submission, determines that the subdivision is not an exempt subdivision, or that facts exist to support divisions (D)(2), (D)(3) or (D)(4) of this section, then the subdivider must either withdraw the proposed subdivision, modify the proposed exempt subdivision to bring the same into conformity with the exempt subdivision provisions and remove the existence of facts supporting a finding under divisions (D)(2), (D)(3) or (D)(4) or proceed under the provisions regarding formal plat approval.
   (F)   All lot size, easement widths, and other provisions of the Zoning Code of the town and the “Subdivision Regulation of the Town of Hamilton, Indiana” shall apply to all exempted subdivisions.
('88 Code, § 10-9-7) (Ord. 82-5, passed 4-26-82; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 98-8, passed 8-31-98)
   Water line extension policy, see § 51.04