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ORDINANCE NO, 2002- 017 <br />Each parcel resulting from the proposed division of land shall contains <br />five (5) or more acres, except as allowed below. When the tract prior to <br />dividing is a size which is not an even multiple of five (5) acres and does <br />not lend itself to division into lots each containing more than five (5) <br />acres, a fractional breakdown resulting in lots of equal size not less than <br />two hundred thousand (200,000) square feet in size qualifies for this <br />exemption provision. <br />If the developer elects to divide the land by filing a plat, or if road right-of- <br />way is to be created, all requirements of this chapter 913 shall be complied <br />with except for those requirements or provisions specifically exempted in <br />section 913.06(5)(A). <br />5.67 Where a common area(s)-or private road rights-of-way is created, the <br />owner shall establish a landowner's association and simultaneously file a <br />declaration of covenants and restrictions, acceptable in form to the county <br />attorney, in the public records providing for all common areas and rights- <br />of-way to be dedicated to the landowner's association and provisions made <br />for their perpetual maintenance. The plat (if applicable) and declaration of <br />restrictions shall contain the following language in <br />bold type: <br />"The common areas and rights-of-way are not dedicated to the <br />public and will not be maintained, repaired or improved by the <br />county." <br />G. The owner shall files a declaration of restrictions prohibiting the voluntary <br />division of land encompassed within the project into lots that are less than <br />6a r and,.hths ( 7 8) ^ estwo hundred thousand (200,QQ0) <br />o, <br />square feet in size unless such division is accomplished by filing a plat <br />approved by the county and meeting all standards required of subdivisions <br />under this chapter. <br />The owner shall files an "affidavit of exemption" in the public records <br />prior to dividing the land which shall contain: <br />a. A legal description of the land encompassed within the project and <br />a certified survey depicting all parcels created by the division, all <br />private and public streets and easements; <br />Coding: Words in .....� are deletions from existing law. Words underlined are additions. <br />UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\affidavit of exemp.doc <br />deeds <br />by donation <br />The applicant <br />shall <br />to <br />the county <br />all rights-of-way <br />necessary <br />to comply with <br />the minimum <br />local road <br />right-of-way <br />standards <br />and all <br />streets <br />created <br />are at least <br />the <br />minimum <br />street width required <br />by <br />section <br />913.09(3)(B). <br />5.67 Where a common area(s)-or private road rights-of-way is created, the <br />owner shall establish a landowner's association and simultaneously file a <br />declaration of covenants and restrictions, acceptable in form to the county <br />attorney, in the public records providing for all common areas and rights- <br />of-way to be dedicated to the landowner's association and provisions made <br />for their perpetual maintenance. The plat (if applicable) and declaration of <br />restrictions shall contain the following language in <br />bold type: <br />"The common areas and rights-of-way are not dedicated to the <br />public and will not be maintained, repaired or improved by the <br />county." <br />G. The owner shall files a declaration of restrictions prohibiting the voluntary <br />division of land encompassed within the project into lots that are less than <br />6a r and,.hths ( 7 8) ^ estwo hundred thousand (200,QQ0) <br />o, <br />square feet in size unless such division is accomplished by filing a plat <br />approved by the county and meeting all standards required of subdivisions <br />under this chapter. <br />The owner shall files an "affidavit of exemption" in the public records <br />prior to dividing the land which shall contain: <br />a. A legal description of the land encompassed within the project and <br />a certified survey depicting all parcels created by the division, all <br />private and public streets and easements; <br />Coding: Words in .....� are deletions from existing law. Words underlined are additions. <br />UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\affidavit of exemp.doc <br />