4.3.1. APPLICABILITY AND EXCEPTIONS.
A. Unless otherwise expressly stated in this Section 146-4.3, or in a valid, approved development agreement or annexation agreement, review and approval of a subdivision plat shall be required whenever any lot, tract or land parcel is created or divided into two or more lots, tracts, parcels or other land divisions for the purpose of sale or development.
B. The standards in Sections 146-4.3.5 (Avoidance of Sensitive Areas), 146-4.3.6 (No Grading before Storm water Quality Permit), 146-4.3.8 (Through-Connectivity), 146-4.3.9 (Block Dimensions), 146-4.3.10 (Lot Design and Layout), 146-4.3.11 (Streets and Alleys), 146-4.3.12 (Sidewalks, Trails, and Bicycle Paths),146-4.3.13 (Access Safety), 146-4.3.14 (Utility Easements), 146-4.3.15 (Improvements Required), and 146-4.3.16 (Responsibility for Improvement Costs) may also apply to a Master Plan that does not involve the subdivision of land if the Planning Director determines that the proposed Master Plan development will create impacts similar to a subdivision of land.
C. Exceptions.
1. Review and approval of a subdivision plat shall not be required for any of the following:
a. Dedication, acquisition, or condemnation of land for right-of-way or other public use, or conveyances relating to the vacation of land designated for public rights-of-way or public use;
b. A correction of a legal description in a prior conveyance;
c. The sale or transfer of a tract of land for which approval of a subdivision plat will be required prior to any development of the property;
d. Any transfer of land required by law;
e. Lease of property;
f. Division of property that occurred prior to August 1, 1980;
g. Division of land created by lien, mortgage, deed of trust or any other security interest;
h. Division of land ordered by a court;
i. Division of land for sale as part of an approved cemetery; or
j. A bona fide division or portion of agricultural land for agricultural use or related purposes.
2. An exception from the requirement to obtain a subdivision plat approval pursuant to this Subsection 146-4.3.1.c does not authorize any development without compliance with all other applicable provisions of this UDO. (Ord. No. 2020-01, 03-25-2020; Ord. No. 2019-49 § 1, 08-19-2019)