(A) Administrative subdivisions are not subject to the subdivision procedures of these regulations beyond the classification and predesign conference requirement and the procedures and requirements set forth or cited in this section. However, administrative subdivisions are subject to the development standards set forth in this subchapter (such as, height, bulk, area, density and overlay regulations). And, all lots created through the administrative subdivision process must comply with such development standards in order to be developed or improved (except individual cemetery plots). Furthermore, subdivisions that would result in the amendment of a recorded subdivision plat are subject to the procedures and regulations for subdivision plat amendment and/or vacation and are not eligible for administrative subdivision. Excepting Type 3, 4, and 6 administrative subdivisions, the administrative subdivision procedures may not be used to render a conforming lot nonconforming or to increase a nonconformity. However, the procedures may be used to reduce the nonconformity of a nonconforming lot.
(B) In order for a land division to be considered an administrative subdivision, the information prescribed for the applicable type of division under these regulations shall be submitted to the Planning Department. The Planning Department shall be responsible for determining whether the submissions required by these regulations have been made and whether the proposed subdivision qualifies for administrative subdivision approval under these regulations.
(C) Before the deed of a parcel that is created through the administrative subdivision procedure may be initially recorded with the County Recorder, the Planning Department shall place a notation on the deed to the effect that the parcel was created through administrative subdivision procedure.
(D) In addition to definitional requirements, a land division qualifying as a Type 1 administrative subdivision shall be shown as meeting the following conditions:
(1) Lots shall be five or more acres in size.
(2) If the parcel does not have present access to a public sewage disposal system, the parcel shall contain within its boundaries sufficient soil of a kind specified in 410 IAC 6-8.1, or its successor, to allow for the proper installation of a private sewage disposal system, and shall comply with all county ordinances and Board of Health regulations concerning private sewage disposal systems.
(3) If the parcel has 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 and of a length along that public road equal to the length of that parcel along that roadway.
(4) Each parcel created by an administrative subdivision shall have a minimum lot width of 200 feet.
(5) If the parcel is to be used as a principal building site, and is to be accessed from a public road, the applicant shall provide the Director with copies of the driveway permit issued by the county or State Highway Department, as appropriate, for the parcel.
(6) All lots shall have a minimum of 50 feet of frontage on an existing publicly maintained road.
(7) Lots created by the administrative subdivision procedure may not be further subdivided through the administrative subdivision procedure if the resulting lots would be less that five acres.
(E) In addition to definitional requirements, a land division qualifying as a Type 5 administrative subdivision shall be shown as meeting the following condition: if the parcel has road 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 and of a length along that public road equal to the length of that parcel along the roadway.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)