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ORDINANCE NO. 91-45 property owner as a "rear yard" for purposes of applying the regulations contained within this section. Section 38 : Section 913.06(5) of Subdivisions and Plats is hereby amended as follows: (5) Affidavit of exemption. An affidavit of exemption from the requirements of Chapter 913.018 may be applied for in conjunction with proposals to create parcels containing more than MIRIM two hundred thousand (200,000) sq. ft. A—.—Al-1pro jscts -meeting the following-requirement"hall be exempt from section 913.0'8 ®Required Improvements. No platting is required where no road right-of-way is to be created. 1. No affidavit of exemption development or aggregation of proposed affidavits of exemption shall be approved as an affidavit(s) of exemption if such development proposes the creation of fifty (50) or more parcels. Any proposal to create fifty (50) or more building sites via proposed development or aggregation of developments shall constitute a subdivision and shall require approval as a subdivision. All provisions of this chapter shall apply. 2. No affidavit section 911.06(4)]. j3. Each parcel resulting from the proposed division of land contains five (5) or more acres. When the tract prior to dividing is a size which is not an even multiple of five (5) acres and does not lend itself to division into lots each containing more than five (5) acres, a fractional breakdown resulting in lots of equal size not less than two hundred thousand (200,000) square feet in size qualifies for this exemption provision. JL4. If the developer elects to divide the land by filing a plat or road right-of-way is to be created, all requirements of this chapter except Section 913.081 ®Required lImprovementsL shall be JL5. The applicant deeds by donation to the county all rights-of-way necessary to comply with the minimum local road right-of-way standards and all streets created are at least the minimum street width required by section 913.09(3)(B). JL6. Where a common area(s) or private road rightist- of—way—is—created, the—owner shall establish a landowner's association and simultaneously file a declaration of covenants and restrictions, acceptable in form to the county attorney, in the public records providing for all common areas and rights -of -ways to be dedicated to the landowner's association and provisions made for their perpetual maintenance. The declaration of restrictions and plat (if applicable) shall contain the following Coding: Words in . • -•• type are deletions from existing law. Words underlined are additions. 37 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:24 - OffcialDocuments:646, Attachment Id 0, Page 37