§ 155.029 EXEMPT DIVISIONS.

   (A)   General procedure for exempt divisions.

      (1)   In order for a land division to be considered an exempt division the information prescribed for the applicable type of division under § 155.084 below shall be submitted to the Administrator so that he or she can determine whether the division meets the provisions of the definition in Table 3.2 in § 155.029(B) below and the requirements in § 155.025 above for this classification and therefore can issue to the subdivider a statement of compliance to the applicable provisions of this chapter.

      (2)   Both the subdivider and the Administrator shall hold copies of the statement of compliance.

      (3)   When the parcel so exempted by this statement is conveyed to another party, the copy of the instrument of the conveyance shall be recorded with the County Recorder bearing a stamp of approval signed by the Administrator indicating that the statement of compliance has been obtained as ascertained by the copy(s) of the statement which have been held for this purpose.

   (B)   Exempt division review process. Within three working days of the land divider's complete submission of the required information (see § 155.084 below), the Administrator shall review the submission and notify the land divider that his or her proposed land division either qualifies as an exempt division and is thus exempt from all other provisions of this chapter, or does not qualify as an exempt division and is thus subject to the relevant subdivision processes described in this chapter.

Table 3.2. Classification of Subdivisions
Exempt Divisions	A.   A division of land into two or more tracts of which all tracts are at least ten acres in size.
	B.   A division of land for the transfer of a tract or tracts to correct errors in an existing legal description, provided that no additional building sites other than for accessory buildings are created by the division.
	C.   A division of land pursuant to an allocation of land in the settlement of a decedent's estate or a court decree for the distribution of property.
	D.   A division of land for federal, state or local government to acquire street right-of-way.
	E.   A division of land for the transfer of a tract or tracts between adjoining lots provided that no additional principal use building sites are created by the division. The lots so created hereunder shall have only one principal use building site each.
	F.   A division of land into cemetery plots for the purpose of burial of corpses.
Minor Subdivision	The division of any previously divided parcel into not more than three parcels or lots and requiring no new streets or easements of access, and which division is not in conflict with any other provisions, provided however, there shall be no more than one minor plat resulting from one root parcel.
Major Subdivision	Any subdivision not classified as a minor or exempt subdivision.

 

Figure 3-3. Classification of Subdivisions

(Ord. 615, passed 2-22-1999)