(A) General procedure for Exempt I divisions. In order for a land division to be considered an Exempt I division, the information prescribed for the applicable type of division under division (B) of this section shall be submitted to the Administrator.
(B) Exempt I divisions.
(1) Information required for each exempt division.
(a) For type “A” subdivisions a metes and bounds legal description of the exempt division and the land from which it is being divided must be provided.
(b) For type “B” subdivisions the original legal description and revised legal descriptions must be provided.
(c) For type “C” subdivisions a copy of the court decree showing by legal description how the land is to be divided must be provided.
(d) For type “D” divisions a legal description and plot plan showing the parcel and the location of the street right-of-way must be provided.
(e) For type “E” divisions a legal description and plot plan showing the tract to be divided and a plot plan of the tract(s) to be added to must be provided.
(f) For type “F” divisions a plat of the cemetery showing the layout of the private drives, parking areas, and size of burial lots must be provided.
(2) Exempt division review process. Within three working days of the land divider’s complete submission of Exempt I divisions, the Administrator shall review the submission and notify the land divider that his proposed land division either qualifies or does not quality.
(3) Necessary conditions for Exempt I divisions. In addition to definition requirements, a land division qualifying as an Exempt I division shall be shown as meeting the following conditions:
(a) If a parcel created by such an exempt division does not have sanitary sewer service available to it, that tract shall contain within its boundaries sufficient soil of a kind defined by the Indiana State Board of Health or its successor to allow for the proper installation of an on-site sewage disposal system;
(b) If a parcel created by an Exempt I Division has a frontage on a public road, the land divider shall dedicate to the public real property of a width sufficient to meet one-half of the required right- of-way width for that specific public road as indicated on the County Thoroughfare Plan or the Official Map. The length must be the public road equal to the length of that parcel along that roadway;
(c) When a parcel is created by such an exempt division the depth of that parcel shall not be:
1. Less than five acres - the depth of that parcel shall not be greater than twice the length of that frontage;
2. Five acres to 9.99 acres - the depth of that parcel shall not be greater than four times the length of that frontage;
3. Over ten acres - no ratio required. Such depth being measured from the front lot line to the rear lot line of the parcel.
(4) Certification of Exempt I divisions. The land divider shall provide to the Administrator:
(a) Written evidence that the County Board of Health has been satisfied by a duly authorized representative of a qualified soil testing service as to the presence within the parcel to be split out of sufficient soil of a kind defined by the Indiana State Board of Health or its successor to allow for the proper installation of an on-site septic sewage disposal system;
(b) Official documentation indicating the dedication of right-of-way to the appropriate jurisdiction;
(c) A metes and bound description of the parcel being created indicating that its depth is no more than twice the frontage.
(5) Exempt division review process. Within three working days of the land divider’s complete submission of an Exempt I, the Administrator shall review the submission and notify the land divider that his or her proposed land division either qualifies as an exempt division or does not qualify as an exempt division and is thus subject to the relevant subdivision processes described in §§ 152.020 et seq. and §§ 152.035 et seq.
(6) Dissolution.
(a) A recorded Exempt I division or portion thereof may be dissolved by the property owner or owners if, in doing so, no provision of this or any other ordinance, rule, regulation, statute or provision of law is violated. To do so, five copies of a statement dissolving the Exempt I Division (or any part of it) shall be submitted to the Administrator for review of compliance with above-stated ordinances, rules and the like. This statement, signed by all legal owners, contract buyers, and optionees of the property and notarized, shall contain the Exempt I Division number assigned by the Administrator and legal descriptions of the parcels involved.
(b) Upon a finding of compliance, the Administrator or his designees shall sign all five statements. Once signed, the approved dissolution is eligible to be recorded.
(c) It shall be the responsibility of the land divider in the presence of the Administrator or his or her designee to file the approved dissolution with the County Auditor and Recorder within 30 days of the date of signature. Failure of the land divider to so file and record shall automatically invalidate the approval, rendering it null and void and requiring a compete re-submittal for approval.
(d) Upon recording the dissolution statement, the landowner is once more eligible to pursue the full Exempt I Division process as per current ordinance regulations for exempt divisions.
(7) Filing of forms. It shall be the responsibility of the petitioner to file the approved exempt division forms with the County Recorder’s Office within 60 days of the date of the signature.
(Ord. passed - -)