Exemptions from Review

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Non-Exempt Large Acreage Subdivision Requirements

A subdivision permit will be required where 11 (eleven) or more parcels are created of 35 acres up to 40 acres (see Chapter III, Section 7b). The following requirements shall apply:

(1) A survey plat containing the following:

A. Date of preparation, scale and north arrow;
B. The location of the subdivision including the section, township and range;
C. The location and dimension of existing and proposed lots, units, tracts, parcels, streets, alleys , roads , highways, public ways, utility rights-of-way, easements , parks and the location of proposed permanent buildings and structures if known.

(2) Where individual on-lot sewage systems are proposed, the words “NO PROPOSED CENTRALIZED SEWAGE SYSTEM” in bold capital letters shall appear on all offers, contracts, agreements and plats relating to the subdivision . For centralized waste disposal systems, documentation is required evaluating the adequacy and safety of the system;

(3) If the subdivider proposes to utilize adjoining property for sewers, drainage , sewer lines, power lines or other utilities , the subdivider shall provide copies of binding easements of not less than twenty (20) feet in width for the proposed facilities from each property owner over whose land such services shall extend and shall provide a minimum access roadway right-of-way of sixty (60) feet to the subdivision for all public ways. Where no or limited on-lot utility connections are proposed, the words “NO PROPOSED UTILITY CONNECTIONS” or “LIMITED UTILITY CONNECTIONS” as appropriate, in bold capital letters shall appear on all offers, contracts, agreements and plats relating to the subdivision . A permit shall not be denied for failure to provide on-lot utility connections;

(4) Where individual on-lot wells are proposed, the words “NO PROPOSED CENTRAL WATER SUPPLY SYSTEM” in bold capital letters shall appear on all offers, contracts, agreements and plats relating to the subdivision . For central water supply systems, documentation is required to evaluate the adequacy and safety of the system. The study shall include information relative to the potential availability and quality of groundwater proposed within the subdivision which may consist of new data, existing data on other working wells in the area, or other data, including drilling logs, from a test well drilled within the proposed subdivision indicating soil types, depth, quantity and quality of water produced in the test well.

(5) Documentation that adequate ingress and egress access has been provided to all proposed lots, units, tracts and parcels and that all proposed lots, units, tracts, parcels, streets, alleys and roadways within the subdivision conform to the minimum standards adopted by the Board. If the subdivider proposes to make any streets, alleys or roadways private, a properly acknowledged written certification that declares certain streets, alleys or roadways within the subdivision shall remain private, and the board shall be under no obligation to repair, maintain or accept any dedication of these roads to the public use. If no such public maintenance is contemplated on any of the roads, the subdivider shall put a legend on the plat of the subdivision and on all offers, contracts or agreements for the sale and purchase of lots within the subdivision showing the streets, alleys and roadways showing in capital letters “NO PUBLIC MAINTENANCE OF SPECIFIED STREETS OR ROADS” ;

(6) Documentation there are adequate financial resources to develop and complete any facility that is the responsibility of the developer, including but not limited to water supply systems, sewage systems, streets and roadways. The applicant shall provide a performance bond, acceptable letter of credit or other sufficient financial commitment to assure that any facilities proposed or represented to be part of the subdivision will in fact be completed as proposed, or escrow sufficient monies out of land sales to guarantee that the above facilities are installed. The amount of any bond or other financial commitment or escrow required under this paragraph shall reflect the estimated costs of providing the facilities;

(7) Obtain review and recommendations from the local conservation district regarding soil suitability, erosion control, sedimentation and flooding problems. The review and recommendations shall be completed within sixty (60) days.

(8) Obtain review and recommendations from a fire protection district in which any portion of the subdivision lies, or from the nearest fire protection district if no part of the subdivision lies within a fire protection district, regarding adequacy of fire protection measures. If the entire subdivision does not lie within a fire protection district and no city, town or fire protection district is obligated to provide fire protection pursuant to an agreement authorized by law, the subdivider shall put a legend on the plat of the subdivision and on all offers, contracts or agreements for the sale and purchase of lots within the subdivision showing in capital letters “LOTS ARE NOT PART OF A FIRE PROTECTION DISTRICT AND FIRE PROTECTION IS NOT OTHERWISE PROVIDED”.

(9) A legend shall be placed on the plat and on all offers, contracts or agreements for the sale and purchase of lots within the subdivision showing in capital letters “THE SURFACE ESTATE OF THE LAND TO BE SUBDIVIDED IS SUBJECT TO FULL AND EFFECTIVE DEVELOPMENT OF THE MINERAL ESTATE” .

(10) With respect to any water rights appurtenant to lands to be subdivided in accordance with this section and prior to final approval of the subdivision the developer shall provide for state requirements for disposition of water rights (Ch.III Sec.3 e).

(11) Evidence the parcels comply with zoning requirements, including roads that access more than 4 (four) parcels are built to county standards.

(12) Public hearing (s) with the Planning & Zoning Commission and Board of County Commissioners.