(A) In the case of a subdivision resulting in three or less parcels, situated in a locality where conditions are well defined, the City Council may exempt the subdivider from complying with some of the requirements of this chapter.
(1) In the case of a request to subdivide a lot which is a part of a recorded plat, or where the subdivision is to permit the adding of a parcel of land to an abutting lot or to create not more than three new lots, and the newly created property lines will not cause any resulting lot to be in violation of this chapter or the zoning ordinance, the division may be approved by the City Council after submission of a survey by a registered land surveyor showing the original lot and the proposed subdivision.
(2) The newly created parcels shall meet all requirements of the zoning ordinance.
(3) Topographic data at two-foot contour intervals, driveway access points, drainage plans and soil tests for the installation of an on-site septic system shall be submitted for minor subdivision review.
(4) A certificate of survey shall be prepared by a registered land surveyor showing the boundaries of the newly created lots.
(5) Prior to approval of a minor subdivision, the City Council reserves the right to require the dedication of streets, utility easements or public park land or cash in lieu of land.
(6) A maximum of three lots in a five-year period are permitted utilizing the minor subdivision procedure.
(7) In cases where the new lot and resulting lots created exceed 20 acres and have 500 feet of frontage on a public road, subdivision approval is not required.
(B) Any proposed minor subdivision which includes land abutting upon any existing or established trunk highway or proposed highway which has been designated by a centerline order filed in the office of the County Recorder shall first be presented to the Commissioner of Transportation for their written comments and recommendations.
(1) Where any minor subdivision includes land abutting upon an existing or established county or county state aid highway, it shall first be submitted to the County Engineer for their written comments and recommendations.
(2) Minor subdivision involving both a trunk highway and a highway under county jurisdiction shall be submitted to the Commissioner of Transportation and the County Highway Engineer. Plats shall be submitted for review at least 30 days prior to the city taking final action on the minor subdivision. The Commissioner of Transportation and/or the County Highway Engineer shall submit the written comments and recommendations to the city within 30 days after receipt by them of such a plat. Final action on such plat by the city shall not be taken until after these required comments and recommendations have been received or until the 30-day period has elapsed.
(3) A legible preliminary drawing or print of a proposed minor subdivision shall be acceptable for purposes of review by the Commissioner of Transportation or the County Highway Engineer. To such drawing or print there shall be attached a written statement describing:
(a) The outlet for and means of disposal of surface waters from the proposed subdivided area;
(b) The land use designation or zoning category of the proposed subdivided area;
(c) The locations of ingress and egress to the proposed subdivided area; and
(d) A preliminary site plan for the proposed subdivided area, if one has been prepared.
(4) Failure to obtain the written comments and recommendations of the Commissioner of Transportation or the County Highway Engineer shall in no manner affect the title to the land included in the plat or the platting of said lands. A certificate or other evidence shall be required to or upon the plat for filing in the office of the County Recorder or Registrar of Titles as to the submission of or the obtaining of such written comments and recommendations. The city shall provide the certificate or other evidence to the County Recorder or Registrar of Titles.
Penalty, see § 156.999