§ 50-103. Procedures for review of major and minor subdivisions.

(a)

All subdivisions shall be considered major subdivisions except those defined as minor subdivisions in this article. Major subdivisions shall be reviewed in accordance with the procedures in sections 50-106 through 50-109. Minor subdivisions shall be reviewed in accordance with the provisions in section 50-104. However, if the subdivider owns, leases, holds an option on, or holds any legal or equitable interest in any property adjacent to or located directly across a street, easement, road or right-of-way from the property to be subdivided, the subdivision shall not qualify under the abbreviated procedure (minor subdivisions). The abbreviated procedure may not be used a second time within three years on any property less than 1,500 feet from the original property boundaries by anyone who owned, had an option on, or any legal interest in the original subdivision at the time the subdivision received preliminary or final plat approval. Furthermore, the abbreviated procedure may not be used within three years on any property less than 1,500 feet from the original property boundaries by any subsequent owner, individual having an option on, or individual having any legal interest in the original subdivision at the time the subdivision received preliminary or final plat approval.

(b)

A minor subdivision is defined as a subdivision involving no new public or private streets or roads, or right-of-way dedication, no easements, no utility extension, where the entire tract to be subdivided is five acres or less in size, and where four or fewer lots result after the subdivision is completed.

(Code 2003, § 22-113; Ord. No. 04-19, § 1(exh. A), 5-20-2004)