§ 42-2. Application of regulations.

(a)

Compliance requirements. No subdivision plat of land within the jurisdiction of the village, which is not exempt as specified in subsection (b) of this section, may be filed or recorded with the plat records of the county until it has been submitted to and approved by the appropriate board or agency as specified herein and until the approval is entered on the face of the plat.

(b)

Exempt subdivisions. The following subdivisions are exempt from these regulations:

(1)

The combination or recombination of lots, or portions of lots, previously created and recorded, if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of applicable village regulations; or

(2)

The public acquisition of strips of land for the widening or opening of streets or the location of utility rights-of-way.

No village review or approval is required for exempt subdivisions; however, planning commission certification of exempt status is required.

(c)

Minor subdivision. A minor subdivision is a subdivision which is not otherwise exempt from these regulations and which does not involve any of the following:

(1)

More than two lots fronting on an existing, publicly maintained street;

(2)

Creation of any new streets or dedication of additional rights-of-way;

(3)

Extension of sewer or water lines;

(4)

Installation of drainage improvements; or

(5)

Potential adverse effect upon significant features of the site as described in section 42-5(a) and/or upon the development of the remainder of the parcel or of adjoining properties.

Minor subdivisions shall require the submission of final plats which shall be reviewed for conformity with this chapter's requirements by the planning commission in consultation with other agencies as appropriate. The planning commission shall determine that all applicable requirements have been met prior to approving minor subdivision plats.

(d)

Major subdivision. All subdivisions, except those listed in subsections (b) and (c) of this section, as exempt or minor, shall require the submission of both preliminary and final plats and full interagency review for conformity with all the requirements of this chapter.

(e)

Partial subdivision. When only a portion of a large tract of land is proposed for division into lots leaving a residual tract of at least five acres, the subdivider shall be required to plat only the parcel to be subdivided and only that parcel shall be subject to the requirements of this chapter.

(Ord. No. 98-10, § 2, 6-9-1998)