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 § 156.021 under
SUBDIVISIONS,
and the requirements of this chapter, certain conditions shall be met and certified to the appropriate agency by the Administrator after his determination of qualification for this status has been made necessary for Exempt II Divisions. Exempt II Division shall be shown as meeting the following conditions.
(A) Exempt II Divisions are divisions of land into not more than three parcels 30,000 square feet or more in size but less than 20 acres. Such divisions shall conform to §§ 156.040 through 156.043 but shall be exempt from other provisions of this chapter not specified or referred to in those sections.
(B) Necessary Conditions for Exempt II Divisions. In addition to definitional requirement, a land division qualifying as an Exempt II Division shall show as meeting the following conditions:
(1) 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 Indiana State Board of Health Bulletin HSEI3 (1988) or its successor to allow for the proper installation of an on-site sewage disposal system.
(2) If a parcel created by such an exempt division 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 as indicated on the County Thoroughfare Plan or the Official Map and of a length along that public road equal to the length of that parcel along that roadway.
(3) If a parcel created by such an exempt division has a 50 foot frontage off a public road, there shall be a minimum of 150 feet by 150 feet width and depth and 30,000 square feet at the end of the road frontage in order to be a building site. The 50 feet width leading to the property shall be part of the building site and shall not be an easement and shall not count as part of the building site.
(C) Certification of Exempt II Divisions. As the conditions in § 156.033(C) apply, the land divider shall provide to the Administrator:
(1) 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 of sufficient soil of a kind defined by Indiana State Board of Health Bulletin HSE 25-R or its successor to allow for the proper installation of an on-site septic sewage disposal system;
(2) Official documentation indicating the dedication of right-of-way to the appropriate jurisdiction.
(D) Exempt Division Review Process. Within three working days of the land divider's complete submission of the required information, 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. NOTE: A division of land may not be filed with the Auditor, and the Recorder may not record it, unless the land owner has filed with the Zoning Administrator that the parcel shall be exempt from subdivision under Exemption I or II.
(1) Any exemption or division which have been divided after 1986 shall be counted as part of the exempt division and shall meet all of the requirements of this chapter. Any exemption prior to 1986 shall not be counted as part of exempt division however all division shall meet the guidelines of this chapter.
(2) Once a subdivision has been filed on a parcel of land no exemption shall be authorized. All division shall become a part of the subdivision and filed as an extension of that subdivision.
(Ord. 6-2002, passed 3-4-02) Penalty, see § 156.999