(A) Intent. The subdivision of land and the subsequent development of the subdivided plat shall be subject to the control of the city pursuant to the requirements of the city comprehensive plan for the orderly, planned, efficient and economical development of the city. The subdivision of land shall be permitted in all zoning districts.
(B) Subdivision defined. The division of any lot for the purpose of sale, transfer, gift or lease that results in the creation of one or more new building sites shall be considered a subdivision and shall be subject to the requirements of this Chapter 8 and the subdivision control procedures within Chapter 9.
(C) Division from parent tract.
(1) Major subdivision.
(a) No subdivision which results in the creation of more than four lots from a parent tract, whether at the same time or over the course of time, shall be considered under minor subdivision review, regardless of whether the four lots are created through one subdivision or several subdivisions over time.
(b) In any district, no more than one principal structure and its customary accessory uses shall be located on a single lot; except that principal structures designed and platted as a single unit under single ownership and control, such as a multifamily residential project, business shopping center or combined industrial operations, may be permissible on a single lot under the terms of this ordinance.
(2) Minor subdivisions. A minor subdivision shall be considered any subdivision which results in the creation of four or fewer lots from a parent tract, whether at the same time or over the course of time.
(D) Private agreements. The following subdivision design standards shall be required prior to the approval of any subdivision plat or development plan. Additionally, these standards shall apply to planned unit developments unless through the PUD District ordinance a design standard is waived or altered.
(1) This ordinance is not intended to supersede any easement, covenant or any other private agreement or restriction; however, where the provisions of this ordinance are more restrictive or impose higher standards or regulations than the easement, covenant or other private agreement or restriction, the requirements of this ordinance shall govern.
(2) Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations that are more restrictive, or higher standards than the requirement of these regulations, and the private provisions are not inconsistent with this ordinance, then the private provisions shall be supplemental to this ordinance. Private covenants may be enforced at the discretion of the city.
(3) Where covenants or private agreements exist, the city may require certification and signatures from the homeowner’s association or other property owner prior to issuing a permit.
(E) Adequate public facilities.
(1) No annexation, initial zoning, rezoning or preliminary platting shall be approved unless the Plan Commission determines that public facilities will be adequate to support and service the area of the proposed subdivision.
(2) The applicant for a subdivision of land into 50 lots or greater shall, at the request of the Plan Commission, submit sufficient information and data in the form of a fiscal impact analysis on the proposed subdivision to demonstrate the expected impact on and use of public facilities by possible uses of the subdivision.
(3) Public facilities and services to be examined for adequacy will include roads, sanitary sewer service, water service, schools and public safety services.
(F) Developer responsibility. The developer has the duty of compliance with reasonable conditions laid down by the Plan Commission for design, dedication, improvement and restrictive use of the land to conform to the physical and economic development of the city and to the health, safety and general welfare of the future lot owners in the subdivision and of the community at large.
(G) Lebanon Construction Standards incorporated by reference.
(1) The Lebanon Construction Standards Manual, Ordinance 99-4 as amended, herein referred to as the Lebanon Construction Standards, shall be in full force and effect and are hereby incorporated herein by reference. The text shall supersede drawings and images.
(2) Where discrepancies occur between the written text of this section and the Lebanon Construction Standards, as amended, the Lebanon Construction Standards with their respective notes shall supersede the written text of this section.
(Ord. 07-16, passed 12-10-2007)
Cross-reference:
Subdivision Control Procedures - Major Subdivisions, for procedures for primary and secondary plats, see Title XV. § 9.19