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1990-16
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1990-16
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1/7/2021 10:58:00 AM
Creation date
10/5/2015 9:10:10 AM
Metadata
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Ordinances
Ordinance Number
90-16
Adopted Date
09/11/1990
Ordinance Type
LDR Title IX
State Filed Date
09\11\1990
Entity Name
Title IX Land Development Regulations
Subject
Land Development Regulations
Supplemental fields
SmeadsoftID
10115
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(4) Creation of New Road Rights -of -Way. New road rights-of-way <br />shall only be created via the recording of a plat approved <br />pursuant to the provisions of this chapter. Road plats which <br />depict road rights-of-way only (no lots or tracts), may be <br />reviewed and approved. Road plats establishing private road <br />rights-of-way only (no lots or tracts) are exempt from the <br />required improvements specified in section 913.08. All other <br />applicable chapter provisions shall apply. <br />Affidavit of Exemption. An affidavit of exemption from the <br />requirements of -..Chapter 913.09 may be applied for in <br />conjunction with proposals to create parcels containing more <br />than 5 acres. <br />(5) <br />(A) All projects meeting the following requirements shall be <br />exempt from Section 913.09 (required public <br />improvements). No platting is required where no road <br />right-of-way is to be created. <br />1. No affidavit of exemption development or <br />aggregation of proposed affidavits of exemption <br />shall be approved as an affidavit(s) of exemption <br />if such development proposes the creation of fifty <br />(50) or more parcels. Any proposal to create fifty <br />(50) or more building sites via proposed <br />development or aggregation of developments shall <br />constitute a subdivision and shall require approval <br />as a subdivision. All provisions of this chapter <br />shall apply. <br />2. Each parcel resulting from the proposed division of <br />land contains five (5) or more acres. When the <br />tract prior to dividing is a size which is not an <br />even multiple of five (5) acres and does not lend <br />itself to division into lots each containing more <br />than five (5) acres, a fractional breakdown <br />resulting in lots of equal size not less than two <br />hundred thousand (200,000) square feet in size <br />qualifies for this exemption provision. <br />3. If the developer elects to divide the land by <br />filing a plat or road right-of-way is to be <br />created, all requirements of this chapter except <br />Section 913.08 (required improvements) shall be <br />complied with. <br />4. The applicant deeds by donation to the county all <br />rights-of-way necessary to comply with the minimum <br />local road right-of-way standards and all streets <br />created are at least the minimum street width <br />required by section 913.09(3)(B). <br />5. Where a common area(s) or private road rights-of- <br />way is created, the owner shall establish a <br />landowner's association and simultaneously file a <br />277 <br />
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