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A. Before undertaking resubdivision of previously subdivided and recorded plats, the owner of those lots to be altered shall consult with the Commission staff and the County Engineer in accordance with § 99-7, who shall in turn submit recommendations to the Director. The Director shall give notice to all property owners within the subdivision, as they are identified on the assessment rolls, of the pending application. In the event the proposed resubdivision or alteration results in increased density within the subdivision, the subdivider shall provide evidence that not less than 51% of the property owners consent to the application. For purposes of determining the percentage of property owners, each recorded lot or parcel of real estate shall be entitled to only one vote or consent regarding the proposed resubdivision or alteration. In the case of more than one lot or parcel owned by the same person(s) or legal entity, each lot or parcel shall be entitled to one vote or consent.
[Amended 6-5-2001 by Ord. No. 1463; 6-26-2012 by Ord. No. 2269]
B. If a subdivider wishes to alter a subdivision previously recorded to create new lots, new streets or substantially change the intent of the original plat, in the opinion of the Director, the subdivider must comply with the provisions of this chapter as they would apply to the creation of a totally new subdivision and submit for review a plat in accordance with the provisions of §§ 99-10 and 99-11 of this chapter.
C. If the Director determines that the proposed resubdivision or alteration to a previously recorded plat is a minor subdivision, as defined in this chapter, and that there is unanimous consent by all owners to the proposed alteration or resubdivision, the Director may grant approval to the application without referring it to the Commission for review.
[Added 6-5-2001 by Ord. No. 1463]
D. If an amendment proposes to resubdivide in order to create or establish lots in areas shown on the final record plan as parks or common areas set aside for the use of all property owners, the Director shall not accept an application under this section unless the applicant has obtained a ruling from a court of competent jurisdiction deleting or removing the requirement that said area or areas be maintained in perpetuity as a park or a common area available for the use of all property owners.
[Added 12-16-2008 by Ord. No. 2022[1]]
[1] Editor's Note: This ordinance also provided that it shall apply to applications filed after 1-1-2009.