(a) No preliminary plat is required for minor subdivisions. Final plat for a minor subdivision must contain all information required by section 28-35(b) and shall be presented to the subdivision administrator at least three working days prior to offering any portion for recording in the office of the register of deeds. Additional information may be needed by zoning staff in order to evaluate the proposed subdivision to see if the subdivision meets the requirements of this section. Once the additional information is received by zoning staff, the three-day review period will begin. If the minor subdivision complies with the following standards, the subdivision administrator shall provide the approval in writing on the face of the deed or plat. Once the deed or plat has been approved, the owner or the owner's agent may record the deed or plat in the office of the register of deeds.
(b) The following are the standards for approval of minor subdivisions:
(1) Minor subdivisions may be approved, provided that the subdivision:
a. Does not violate any adopted plan, policy, or ordinance of the town;
b. Does not create any new public streets;
c. Does not block or impede the extension of a public street located within a subdivision recorded on a final plat in the office of the register of deeds or a public street shown on a preliminary subdivision which is on file in the zoning office;
d. Does not leave an implied division of property which would not meet the requirements of chapter 36 or any other land regulatory ordinances; or
e. Does not land lock any tract of land.
(2) If a minor subdivision lies within a preliminary subdivision which has been approved by the zoning and planning board, then official action must be taken by the zoning and planning board to withdraw the subdivision or any portion thereof before a minor subdivision can be approved.
(3) There may be only one minor subdivision in one tract of land, or contiguous tracts of land owned by an individual, group of individuals, or partnership or a company or any combination thereof. All minor subdivisions shall be reviewed in accordance with the provisions in this article. However, if the owner leases, holds an option on or holds any legal or equitable interest in any property to be subdivided, the subdivision shall not qualify under the abbreviated minor plat procedure. Furthermore, the abbreviated procedure may not be used a second time within three years on any property less than 1,500 feet from the original property boundaries by anyone who owned, had an option on or any legal interest in the original subdivision at the time the subdivision received preliminary or final plat approval.
(Code 1989, § 91.22; Ord. of 11-13-2001)