(A) No plat or replat of a subdivision of land located within the jurisdiction of the Commission shall be recorded until it shall have been approved by the Commission, and such approval shall have been entered in writing on the plat by the President and Secretary of the Commission; provided, however, that, since there will be divisions of land which would otherwise come within the definition of a subdivision of land as set forth in this code, which divisions will not adversely affect the present or future planning, public health, safety, convenience or general welfare of the area, and accordingly should be considered as excluded divisions of real estate rather than subdivisions hereunder, the owner of such real estate or his or her agent may file a verified application with the Commission on forms prescribed by it, at least 21 days prior to the meeting at which it is to be considered, which application, and supporting documents shall contain the following information:
(1) The township in which the real estate to be divided is located and the key number assigned thereto for property tax purposes;
(2) The address or location of the real estate, the existing and proposed use of the real estate and the reasons for such application;
(3) A plat plan drawn by a land surveyor showing lot lines and dimensions, existing easements and improvements, existing public utilities, proposed public utility easements where needed, legal description of land, all as prescribed upon a form promulgated by this Commission; and
(4) Written approval of the county’s Health Department as to the adequacy of the sewage system planned.
(B) The Commission, upon receiving the aforesaid application and supporting documents, and after due consideration thereof, shall, without public hearing or notice, determine whether the proposed division of land is or is not a subdivision of land within the intent and purpose of this subchapter of the code, which determination shall be entered in the minutes of the Commission. If it is determined that it should be an excluded division of land, the President and Secretary shall endorse the approval on the plot plan and deed of easement submitted with the application, which shall then be entitled to, and shall be placed of record in the County Recorder’s office.
(Prior Code, § 152.20) (Ord. 5-1970, passed 1-11-1971; Ord. 4-1972, passed 8-14-1972; Ord. 13-1986, passed 10-22-1986)