The Planning Commission hereby delegates to the Subdivision Administrator the authorization to approve or disapprove lot splits in accordance with this Chapter. If necessary, appeals of the decision of the Subdivision Administrator may be made to the Planning Commission for final determination.
1. LOT SPLITS AND LEGAL SURVEYS
(Revised and approved by Ordinance No. 1789)
1.1. Lot Splits. A Lot Split shall be required when the division of land creates no more than one additional lot or tract of land and which:
1.1.1. Does not involve any new streets or easements of access;
1.1.2. Is not located in a flood plain;
1.1.3. Meets the standards set by these regulations for the disposal of sewage and for water supply including lot size; and
1.1.4. Conforms to the zoning regulations.
1.1.5. If the tract of land is not platted at the time the request for a lot split is made, the property shall be platted in accordance with these regulations.
Requests for lot split approval shall be made to the Administrator by the owner of the land. Four copies of a Legal Survey Drawing to scale of the lot involved showing the precise location and dimensions of the split.
Approval or disapproval of lot splits shall be made based on the following guidelines. No lot split shall be approved if:
1. A new street or alley is needed or proposed.
2. There is less street right-of-way than required by these regulations or the Comprehensive Development Plan unless such dedications can be made by separate instrument.
3. A vacation of streets, alleys, setback lines, access control or easements is required or proposed.
4. All easement requirements have not been satisfied.
5. Such split will result in a tract of land without direct access to a street or which cannot meet flood plain requirements.
6. A substandard sized lot or parcel will be created according to these regulations or any applicable zoning regulation, except in the case of splitting a lot containing a duplex (two-family attached dwelling), no lot created by the split shall contain less than forty percent (40%) of the square footage of the original lot (Ordinance No. 1506)
7. Such action will result in significant increases in service requirement, e.g., utilities, schools, traffic control, streets, etc.; or will significantly interfere with maintaining existing service levels, e.g. pumping stations, repaving, storm drainage, etc.
The Subdivision Administrator may make such additional requirements as deemed necessary to carry out the intent and purpose of existing land development regulations and Governing Body policy. Requirements may include, but not be limited to, installation of public facilities, dedication of right-of-way and easement, and providing restrictive covenants for the protection of other landowners in the original subdivision.
The owner of the property shall cause to be made a legal survey prepared by a licensed land surveyor and shown on the Lot Split Drawing as follows:
1. Lot number, Block number, and subdivision name of platted lot to be split or the CAMA number and legal description of the property if located in the “Planning Area.”
2. Legal descriptions of new parcels created by the lot split.
3. Addresses of both parcels created.
4. Total square feet or acres of both parcels created.
5. North pointer located on the map.
6. Lot lines and all pertinent dimensions shown.
7. Street names displayed on all named roadways.
8. Identification of property corners set or found by survey.
9. Name of the person who prepared the map, date map was drawn and the land surveyor’s seal, signature, and date.
The Administrator shall, in writing, either approve with or without conditions or disapprove the lot split within 30 days of application. If approved, and after all conditions have been met, the Administrator shall sign the following certificate of approval. The Administrator shall cause the lot split drawing and certificate to be recorded with the Butler County Register of Deeds. The original copy shall be retained by the Administrator and the land owner shall be furnished two copies.
