§ 21-14.04. Minor Subdivisions.

(a)

Consultation encouraged.

(1)

Prior to the submission of a minor subdivision , the subdivider is encouraged to consult informally with the Staff . This will create an understanding between the Staff and the subdivider which may help to alleviate future misunderstandings and extensive revisions.

(b)

Application.

(1)

The subdivision shall be submitted to the Committee at least twenty-one (21) days prior to the Committee meeting at which it may be considered. The submission shall contain the following:

(A)

Drawing. An original ink drawing on twenty-four-inch by thirty-six-inch vellum, linen or Mylar film, at a scale of one (1) inch equals fifty (50) feet, with five (5) prints of the drawing showing:

i.

Name of the subdivision, which shall not duplicate or closely approximate the name of any other subdivision within the incorporated and unincorporated areas of the County .

ii.

Legal description of the subdivision which shall include section, township, range and governmental township.

iii.

Township, range or section line accurately tied to the subdivision by bearing and distances in feet and hundredths thereof.

iv.

Boundary of subdivision, based on accurate traverse survey with angular and lineal dimensions in feet and hundredths thereof. The traverse survey shall be closed to a minimum accuracy of 1:10,000. A boundary closure sheet shall be provided.

v.

Lot dimensions in feet and hundredths thereof, angles or bearings expressed in degrees, minutes and seconds.

vi.

Lot numbers.

vii.

Reserved.

viii.

All easements dimensioned and labeled as for their specific uses.

ix.

All right-of-way lines and widths of rights-of-way, existing and required for dedication.

x.

Name, address, seal and certification of the registered land surveyor preparing the subdivision, in a manner prescribed by the Commission .

xi.

Deed of dedication, in a manner prescribed by the Commission .

xii.

Owner's certification, in a manner prescribed by the Commission .

xiii.

Notarization and seal, in a manner prescribed by the Commission .

xiv.

Scale, graphic bar scale, north point and date.

xv.

Elevation of the one hundred-year flood , when applicable.

xvi.

All printed numbers, letters and typed information shall be a minimum size of a 120 Leroy template or equivalent so that the drawing is adaptable to photographic reduction and will maintain complete legibility.

xvii.

An area four (4) inches vertical by nine (9) inches horizontal within which the Commission may affix its certificate of approval without obscuring or obliterating any other items on the subdivision.

(B)

Support drawing. Five (5) prints of a support drawing on a sheet twenty-four (24) inches by thirty-six (36) inches, at a scale not less than one (1) inch equals one hundred (100) feet or greater than one (1) inch equals fifty (50) feet, showing, but not limited to:

i.

Legal description and tract boundary drawing of the entire property which is being subdivided.

ii.

Natural features such as wooded areas, swamps, wetlands and marshes.

iii.

Existing man-made structures and improvements within the proposed subdivision.

iv.

Existing topographic contours at vertical intervals of five (5) feet or less from available data. United States Geological Survey data may be used.

v.

If adjoining property within three hundred (300) feet of the subdivision is unsubdivided, the names of property owners , as shown in the Assessor's office , Auditor's office, or Recorder's office shall be included. If the property within three hundred (300) feet of the subdivision is subdivided, the subdivision layout, name, section, and instrument number shall be included.

vi.

Future access plan of the entire property which is being subdivided.

vii.

The adjacent roads and the nearest major intersection.

viii.

Scale, graphic bar scale, north point and date.

ix.

Name and address of the subdivider .

x.

Name and address of the registered land surveyor .

xi.

A vicinity key map at a scale of one (1) equals two thousand (2,000) or three thousand (3,000) feet showing the location of the subdivision, major streets and physical features, such as rivers and creeks, within a distance of two (2) miles.

(C)

Ownership. Proof of ownership of the subdivision.

(D)

Fee. The submission of the subdivision shall be accompanied by fees as prescribed by the Commission .

(E)

Application. A completed application shall be submitted upon forms provided and in a manner prescribed by the Commission .

(c)

Minor subdivision review, appeal and approval procedure.

(1)

Referral and review. The Staff shall, within one (1) working day after the filing date, refer prints of the subdivision to the appropriate agencies .   

(A)

The Staff may also refer the subdivision to any State agency or board which has regulations or rules which affect the use or design of the subdivision, or the location or height of structures to be placed within the subdivision.

(B)

The agencies shall review the subdivision and submit a report to the Staff . The Staff shall review the subdivision for technical conformity with the standards fixed in the subdivision ordinance and the requirements, recommendations and comments of the reviewing agencies, and prepare a report with a recommendation for the Committee's consideration.

(2)

Submission to Plat Committee . Within thirty (30) days after the filing of the subdivision, the Staff shall announce the date, time and place of the meeting at which the Committee shall consider the subdivision, and shall give due notice in writing to all interested parties at least ten (10) days before the date set for the hearing.

(A)

If the subdivision complies with the subdivision ordinance, or has minor deficiencies which, in the Staff 's opinion, can be immediately corrected by the subdivider's registered land surveyor ; and does not need review by the Department of Natural Resources or any other State agency or board, the Staff shall place the subdivision on the agenda of the first available meeting of the Committee .

(B)

If the subdivision does not comply with the subdivision ordinance and has deficiencies which, in the Staff 's opinion, cannot be immediately corrected by the subdivider's registered land surveyor , or needs review by the Department of Natural Resources or any other State agency or board, the Staff shall place the subdivision on the agenda of the second available meeting of the Committee .

(3)

Committee consideration. After receiving the Staff report and recommendation, the Committee shall consider the subdivision for primary approval without public notice and hearing.

(4)

Committee action:

(A)

If, after consideration, the Committee finds that the subdivision complies with all standards regarding primary approval of subdivisions and is located within a zoning district permitting subdivisions, the Committee shall give primary approval to the subdivision, with or without modifications and conditions imposed, and make written findings of fact and a decision which shall include the modifications and conditions imposed. The Staff shall also affix the Commission's seal and certificate of approval upon two (2) copies of the subdivision, provide the subdivider's registered land surveyor with one copy and retain the second copy in the Commission's files.

(B)

If, after consideration, the Committee finds that the subdivision does not comply with all standards regarding primary approval of subdivisions or is located within a zoning district not permitting subdivisions, the Committee shall deny primary approval to the subdivision and make written findings of fact and a decision which sets forth its reasons for disapproval.

(5)

Notice of Committee's action. Within five (5) days after the Committee's action on the subdivision, the Staff shall provide all interested parties with a copy of the findings of fact and decision signed by the Secretary of the Committee , and notify them in writing of their right to appeal the Committee's decision to the Commission . Appeals shall be in writing, state the reason for the appeal and shall be filed within five (5) days of the date of the notice by the Secretary.

(6)

If no appeal has been filed:

(A)

If the subdivision for which secondary approval has been requested, received primary approval by the Committee , no appeal has been filed within five (5) days of the date of the notice of the Committee's action, and all modification or conditions placed upon the subdivision by the Committee , if any, have been complied with or corrected, the Staff shall give secondary approval to the subdivision and affix the Commission's seal and certificate of approval on the original drawing and record the subdivision per section 21-14.04(c)(10).

(B)

If the subdivision for which secondary approval has been requested, received primary approval by the Committee , no appeal has been filed within five (5) days of the date of the notice of the Committee's action, and all modifications or conditions placed upon the subdivision by the Committee , if any, have not been compiled with or corrected within two (2) years, the Staff shall deny secondary approval to the subdivision. The Staff shall provide written notice to the subdivider signed by the Secretary of the Committee , which sets forth its reasons for disapproval, release the original drawing of the subdivision to the registered land surveyor who prepared it.

(C)

If the subdivision was denied primary approval by the Committee and no appeal has been filed within five (5) days of the notice of the Committee's action, the Staff shall release the original drawing of the subdivision to the registered land surveyor who prepared it.

(7)

If an appeal has been filed. If an appeal has been filed within five (5) days of the date of the notice of the Committee's action the Staff shall announce the date, time and place of the meeting at which the Commission shall consider the subdivision, and shall give due notice in writing to all interested parties at least ten (10) days before the date set for the hearing. The Staff shall prepare a report with a recommendation for the Commission's consideration.

(8)

Commission consideration of appeal. After receiving the Staff report and recommendation, the Commission shall consider the subdivision without public notice and hearing.

(9)

Commission action:

(A)

If, after consideration, the Commission finds that the subdivision complies with all standards regarding primary approval of subdivisions and is located within a zoning district permitting subdivisions, the Commission shall give primary approval to the subdivision, with or without modifications and conditions imposed; make written findings of fact and a decision which shall include the modifications and conditions imposed. The Staff shall affix the Commission's seal and certificate of approval upon two (2) copies of the subdivision and provide the subdivider's registered land surveyor with one copy along with a copy of the findings of fact and decision, signed by the Secretary of the Commission . The second copy of the sealed and certified subdivision shall be retained in the records of the Commission . When all modifications or conditions placed upon the subdivision by the Commission , if any, have been complied with or corrected, the Staff shall give secondary approval to the subdivision and affix the Commission's seal and certificate of approval upon the original drawing, and record the subdivision per section 21-14.04(C)(10).

(B)

If, after consideration, the Commission finds that the subdivision does not comply with all standards regarding primary approval of subdivisions or is located within a zoning district not permitting subdivisions, the Commission shall deny the subdivision primary approval and make written findings of fact and a decision which sets forth its reasons for disapproval. The Staff shall provide the subdivider with a copy of the findings of fact and decision signed by the Secretary of the Commission , and release the original drawing to the subdivider's registered land surveyor .

(10)

Recording. Within seven (7) days of secondary approval, the Staff shall record the subdivision in the Recorder's office and so notify the subdivider . The Staff shall have the original drawing of the subdivision duplicated at a reduced scale and release the original drawing to the registered land surveyor who prepared it. The Staff shall distribute reduced copies of the subdivision to the County Assessor, City Building Department, City Engineer, County Surveyor , the appropriate Township Assessor, the Commission , public utility companies, the local organization for registered land surveyor s, and the subdivider .

(Ord. No. 9495-04; Ord. No. 9513-04, § IX; Ord. No. 10109-11, § II, 7-25-11; Ord. No. 10609-18 , §§ VII, VIII, 9-24-18)