A proposed land division shall be approved if the following criteria are met:
(A) The Zoning Administrator shall review the application for completeness and shall, when deemed necessary, refer the application to the various departments of the city for review and approval. If the application package does not conform to this subchapter’s requirements and the State Land Division Act, and other applicable ordinances and statutes, the Zoning Administrator shall return the application package to the applicant for completion and refiling in accordance with this subchapter. The applicant shall not be entitled to a refund of any portion of fee;
(B) All the parcels to be created by the proposed land division(s) shall fully comply with the applicable lot, yard, and area requirements of pertinent ordinances, including but not limited to minimum lot frontage/width, minimum road frontage, minimum lot area, maximum lot coverage, minimum setbacks for existing buildings/structures, and depth-to-width ratios or have received a variance from these requirement(s) from the Zoning Board of Appeals;
(C) All divisions shall result in buildable parcels with sufficient area to comply with all required setback provisions, minimum floor areas, off-street parking spaces, approved on-site sewage disposal and water well locations (where public water and sewer service is not available), access to existing public utilities and public roads, and maximum allowed area coverage of buildings and structures on the site;
(D) There must be adequate storm drainage and public utilities to serve the parcels created by the division or combination, or as a condition of approval of the division or combination, suitable easements are provided to allow the extension of adequate storm drainage and public utilities in the future;
(E) All taxes and special assessments on the properties sought to be divided or combined have been paid;
(F) The proposed division or combination shall not cause any existing building or structure to become nonconforming;
(G) If the parcel or lot which is the subject of the proposed land division or combination is located at the end of a stub street, the applicant agrees, as a condition of approval of the land division or combination, to design and install a cul-de-sac meeting the city standards, or an alternate street layout meeting the city standards. Installation of the proposed cul-de-sac or street extension must be completed prior to the approval of the land division;
(H) Approval of a land division does not grant approval for any specific uses of the divided lot or parcel. Any lot or parcel proposed for division must comply with the requirements of the zoning ordinance;
(I) Land division approvals shall be valid for a period of one year from the date of approval. If the lots or parcels proposed by the land division are not properly recorded and accepted by the County Register of Deeds within this period, the land division approval shall be considered null and void and a new application shall be submitted in compliance with the requirements of this subchapter; and
(J) The proposed land division(s) shall comply with all requirements of the State Land Division Act and this subchapter.
(Ord. 02-01, passed 1-7-2002)