(A) Title. This subchapter shall be known as the “Owen County Subdivision Control Ordinance.”
(B) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MINOR SUBDIVISION. Any subdivision containing not more than four lots in which all lots have at least 50 feet of frontage on an existing street that is an improved right-of-way maintained by the county (or other local government) or access by a 50-foot access easement, not involving any new street, the extension of municipal facilities for nonresidential use, or the creation of any public improvements other than sidewalk or street trees, and not in conflict with any provision or portion of the Comprehensive Plan, official zone map, Zoning Code, or this subchapter.
SUBDIVISION. The division of a parcel of land into two or more lots, parcels, sites, units, plats, or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms, and conditions, including resubdivision. SUBDIVISION includes the division or development of land zoned for residential and nonresidential uses, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument.
(C) Divisions. The following kinds of divisions of existing parcels of land are herein called “administrative subdivisions.” Administrative subdivisions are exempt from most provisions of this subchapter, may not result in or require the creation of an easement or the installation of public improvements, and must be one of the following types of division:
(1) A division of land into two or more tracts of which all tracts are at least five acres in size;
(2) 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;
(3) 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;
(4) A division of land for federal, state or local government to acquire street right-of-way;
(5) 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; and
(6) A division of land into cemetery plots for the purpose of burial of corpses. Administrative subdivisions, except type 4 and 6, are subject to the provisions of this subchapter, but shall be exempt from other provisions of this subchapter not specified or referred to in those sections.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)