(A) Purpose and determination.
(1) Administrative divisions, as defined below, are not subject to the requirements of this chapter except for the determination by the town that all requirements of this section for the administrative division have been met. The Town Manager and/or the Zoning Administrator shall enforce the provisions of this section.
(2) The determination of whether or not a division of a lot, tract or parcel of land is an administrative division shall be made jointly by the Town Manager/Zoning Administrator and the President of the Hamilton Plan Commission after consultation with the Town Attorney. If the Town Manager/Zoning Administrator and the Plan Commission President determine that the division is an administrative division, the Town Manager/Zoning Administrator shall proceed under this section. If the Town Manager/Zoning Administrator and the Plan Commission President are uncertain of a determination, the matter should then be submitted to the full Plan Commission for its determination as to whether a division is an administrative division.
(B) Administrative divisions. In order for the land division to be considered an administrative division, the applicant shall submit information to the town so that the town can determine whether the proposed division meets the requirements of this section. In the event that the town determines that the proposed division meets the requirements of an administrative division, the town shall prepare a document called a Statement of Compliance and furnish a copy to the subdivider. The subdivider shall then submit to the town the instrument of conveyance to be used to convey the newly created parcel or parcels, which instrument of conveyance must be approved and such approval noted on the instrument before it is recorded. An instrument of conveyance without the approval notation thereon shall be considered a subdivision and shall thereafter be subject to the requirements of this chapter. Administrative divisions must be one of the following:
(1) A division of land into two or more tracts, all of which must be at least 10,000 square feet if the parcels are located within the corporate limits of the Town of Hamilton or at least two acres if the parcel is located in the extraterritorial jurisdiction of he town. No more than four total parcels may be created by this means, including the root parcel and three new parcels.
(2) A division of land for the sale or exchange of tracts to correct errors in an existing legal description. Division shall not create additional building sites except for the accessory buildings.
(3) A division of land pursuant to an allocation of land in the settlement of a decedent's estate or a court decree for distribution of property.
(4) A division of land for the acquisition of street right-of-way or easement.
(5) A division of land for the sale or exchange of tracts between adjoining land owners. Divisions shall not create additional building sites except for accessory buildings.
(6) A division of land into cemetery plots for the purpose of burial of corpses.
(7) A division of land to create a parcel for the location of equipment for a utility, such as, but not limited to, wellheads, pumps stations, and electrical substations.
(C) Dedication of right-of-way. For a parcel created through an administrative division, the land divider shall dedicate to the public real property of a sufficient width to meet one-half of the required right-of-way width for the specific public road as indicated on the Thoroughfare Plan of the town, and of a length along that public road equal to the length of that parcel along that roadway.
(D) Administrative division review process. Within seven working days of the subdivider's complete submission of the required information, the town shall review the submission and notify the land divider that his proposed land division either qualifies as an administrative division and is thus exempt from all other provisions of this chapter, or does not qualify as an administrative division and is thus subject to the relevant subdivision processes described in this chapter.
(1) The application and supporting material, as listed in division (B) above, shall be filed with the town. The fee, as established by the Town Council, shall be paid at the time of filing.
(2) An administrative division shall be reviewed by the town for conformance with the requirements of this section and the Zoning Ordinance. If the division does not conflict with standards contained in this section and the Zoning Ordinance and does not cause non-compliance or increased nonconformity with the Zoning Ordinance, then the town shall provide a Statement of Compliance.
(3) Upon obtaining a Statement of Compliance from the town, the subdivider may record the administrative subdivision with the County Recorder.
(E) No guarantee. In approving an administrative division, the town does not represent or guarantee, in any form, that the subdivider applying for an administrative division will be issued any other necessary permits as requirement either by the Town of Hamilton or DeKalb or Steuben County, as the case may be, the Hamilton Lake Conservancy District.
(F) The supporting material to be submitted with the application shall include the same supporting material that is required for an improvement location permit and additional reasonable requirements imposed by the Town Manager/Zoning Administrator.
(Ord. 2014-2, passed 5-5-14)