For the purposes of this chapter, SUBDIVISION shall mean all divisions of a tract or parcel of land into two or more LOTS (see definition in § 153.010), building sites or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor may be subject to the regulations of this chapter; provided, however, that any document or plat to be recorded pursuant to any such exclusion shall bear the notation “No Approval Required” and the signature of the Subdivision Administrator, or his or her designated agent, before being presented for filing with the office of the Register of Deeds:
(A) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of this chapter;
(B) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;
(C) The public acquisition by purchases of strips of land for the widening or opening of streets;
(D) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of this chapter;
(E) The division of land into burial plots where no street right-of-way dedication is involved; and
(F) The division of land solely among members of the same family, which shall include the lineal descendants or ancestors plus brothers, sisters, aunts, uncles, fathers-in-law, mothers-in-law, brothers-in-law and sisters-in-law, by any method of transfer, provided that the grantee must retain the title for a minimum for two years. Lots subdivided under this family exemption shall meet or exceed the following standards:
(1) Each lot shall meet the minimum dimensional requirements for the zoning district in which the lot is located;
(2) Each lot shall front on a public street for a minimum distance of 20 feet; or, alternatively, be connected to a public street by a minimum 20-foot recorded easement upon which the lot has a minimum of 20 feet of frontage; and
(3) In any case where more than one lot is to have sole frontage on the 20-foot easement, the easement shall be improved to each lot with an ALL-WEATHER SURFACE, defined as a well-drained travel surface composed of four inches of gravel, crusher run or other similar material, have a center crown to prevent ponding of water on the travel surface, and having a minimum 12-foot centered travel surface. In no case, however, shall more than ten lots that have sole frontage on such an easement be created pursuant to this exemption. Maintenance of the easement shall be the responsibility of the owner(s).
(Ord. passed 9-27-2021)