(A) General. Exempted divisions are not subject to the requirements of this chapter beyond the determination by the Plan Commission staff that they meet all the requirements for exempted divisions set forth in this section. However, lots created by exempted divisions (exempt exemption (6)) shall be ten or more acres in area to be eligible as principal building site (exemption in the definition of “subdivision” in § 155.003 of this chapter), unless such lots have been created by order of a court (exemption (3)). No principal building site created through exemption in division (C)(1) below shall be reduced below ten acres unless through subdivision or by order of a court (exemption (3)). For purposes of this division (A), a lot is “created” on the date of its recording.
(B) Application and approval procedure. In order for a land division to be considered an exempted division the information prescribed for the applicable type of division under division (C) below shall be submitted to the Plan Commission staff so that they can determine whether the division meets the provisions of the definition set forth in § 155.003 of this chapter and this section, for this classification, and therefore can issue to the subdivider a statement of compliance to the applicable provisions of this code. Both the subdivider and the Executive Director 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 Executive Director indicating that such statement of compliance has been obtained as ascertained by the copy(s) of the statement which have been issued for this purpose.
(C) Specifications and documentation to be submitted. The information that must be provided in order for the decision to be made that a division is an exempted division varies as follows according to the definition of subdivision in § 155.003 of this chapter; accordingly:
(1) For type “(1)” divisions, a land survey by a land surveyor in accordance with the requirements of I.C. 36-2-19 of the exempted division and the land from which it is being divided must be provided; the divisions must have at least 300 feet of frontage on a street, and have a depth of not more than four times the narrowest width;
(2) For type “(2)” divisions, the old legal and new legal descriptions must be provided;
(3) For type “(3)” divisions, a copy of the court decree showing by legal description how the land is to be divided must be provided;
(4) For type “(4)” divisions, a legal description and plot plan showing the parcel and the location of the street right-of-way must be provided;
(5) For type “(5)” divisions, a land survey by a land surveyor in accordance with the requirements of I.C. 36-2-19 and plot plan showing the tract to be divided and the tract(s) to be added must be provided; and
(6) For type “(6)” divisions, a plat of the cemetery showing the layout of the private drives, parking areas and size of burial lots must be provided.
(D) Exempted division review process. Within five working days of the land divider’s complete submission of the required information in the case of exempted divisions above, the Plan Commission staff shall review the submission and notify the land subdivider that his or her proposed land division either qualifies as an exempted division and is thus exempt from all other provisions of this code, or does not qualify as an exempted division and is thus subject to the relevant subdivision processes in this code.
(Ord. passed 6-5-1991)