(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 § 152.089 shall be submitted to the Administrator so he or she can determine whether the division meets the provisions of the definition for this classification (§ 152.017) and therefore can issue to the subdivider a statement of compliance to the applicable provisions of this chapter. Both the subdivider and the Administrator shall hold copies of the statement of compliance. When the parcel so exempted by this statement is conveyed to another party the copy of the instrument of such conveyance shall be recorded with the County Recorder bearing a stamp of approval signed by the Administrator indicating that such statement of compliance has been obtained as ascertained by the copy(s) of the statement which have been held for this purpose.
(B) General procedure for Exempt “II” Divisions. In order for a land division to be considered an Exempt “II” Division and thus be exempted from all other provisions of this chapter (except the definitional requirements in § 152.017 under the “Subdivision” definition and the informational requirements of § 152.090, certain conditions shall be met and verified by the Administrator after his or her determination of qualification for this status has been made. See Discussion of Requirements, § 152.030.
(C) Necessary conditions for Exempt “II” Divisions. In addition to definitional requirements, a land division qualifying as an Exempt “II” Division shall be shown as meeting the following conditions:
(1) The lot of record shall NOT be located in the service area of a municipal sanitary sewer system or water system, and there shall be NO extension of public sanitary sewers or water lines to provide liquid waste disposal for the parcels being created.
(2) The dedication of public right-of-way is NOT required for any abutting roadway to the lot of record or for a specific public road as indicated on the County Thoroughfare Plan portion of the Official Map or Comprehensive Plan.
(3) The provision of access from the parcels created by the lot of record to a public roadway is the sole responsibility of the land owner(s) who may create and record a private access easement to be maintained by private land owners. Unless such private access easement subsequently fulfills all requirements of the subdivision regulations, it shall NOT be accepted for maintenance by any public agency.
(4) Certification of Exempt “II” Divisions. As the conditions in division (B) of this section apply, the land divider shall provide a plot plan and a metes and bound description of all parcels being created per § 152.090 to the Administrator, and shall add the following notes to the plot plan:
(a) The signature of the Administrator of the Posey County Area Plan Commission certifies that this is a division of land exempt from the KKgulations of the Posey County Area Plan Commission;
(b) The Posey County Area Plan Commission provides no warranty nor guarantee that the parcels are buildable sites, that the parcels have access to a public roadway, that public sanitary service is available to the parcels created, that on-site sewage disposal systems may be constructed without extra-ordinary costs, that public potable water is available to the parcels created, that fire insurance is available without extra-ordinary costs, that the parcels have adequate stormwater drainage, that the parcels are free from wet soils or geological impediments, that the parcels are outside known flood hazard areas including the 100-year floodplain, and that the parcels do NOT require fill and compaction to create a suitable building site;
(c) Before any building permit is issued, the Posey County Area Plan Commission hereby provides notice that access to a public road is at the discretion of the property owners for any parcels created, that a permit from the Posey County Health Department will be necessary for an on-site septic system, that a permit from the Posey County Health Department will be necessary for any on-site potable water well, and that a location improvement permit under the zoning ordinance will be necessary from the Area Plan Commission to verify compliance with all zoning requirements, including any applicable floodplain regulations; and
(d) These lots may NOT be further divided under exempt divisions, but may go through the non-exempt subdivision process requiring approval of the Area Plan Commission in accordance with these subdivision regulations.
(5) Any conveyance by the owner or developer of an Exempt I or II Division shall be required to add a deed restriction stating that: “This is an Exempt I or II Division”.
(6) Exempt division review process. Within three working days of the land divider’s complete submission of the required information in the case of Exempt “I” Divisions (§ 152.089) or the required information and certification (division (D) of this section) in the case of Exempt “II” Divisions, the Administrator shall review the submission and notify the land divider that his 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.
(Ord. 13-8, passed 5-16-13)