§ 74-243. Minimum access standards and prohibition of chain subdivisions in class I and class II subdivisions.
(a)
All tracts and parcels of land in a class I subdivision must meet the required minimum lot size as set forth in this chapter and the minimum road frontage as provided in this chapter, except that in class I, a subdivision may be approved if such subdivision is created in its entirety for the purpose of the division of the tract of land among immediate family members, the division consisting of one tract per family member. "Immediate family members" consist of parents, children, grandchildren, brothers and sisters.
(1)
This subdivision would not require a public or paved street provided the tracts or parcels of land access a public road by the provisions of a valid easement (unpaved), containing a minimum width of 20 feet. The easement must join all of the tracts in this subdivision and be owned jointly by all members of the immediate family.
(2)
The tracts of land subdivided as a class I subdivision cannot be further subdivided as a class I subdivision for a period of three years from the date of the last subdivision as a class I subdivision.
(b)
The easement allowed for a class I subdivision shall not be used to access any property not within the class I subdivision. The plat of the class I subdivision shall show the access easement and shall contain the following legend which shall be properly executed prior to approval by the county planning commission and recording by the clerk of court:
"The undersigned owner hereby dedicates the private easement shown on this plat to the common use of the owner, or owners, of the lots within this subdivision. It is further acknowledged that such private easement shall not be accepted by Banks County, Georgia, but shall remain privately owned and maintained."
_____
OwnerSigned, sealed and delivered in the presence of: _____
Witness_____
Notary Public(c)
All tracts and parcels of land in a class II subdivision must meet the required minimum lot size as set forth in this chapter and the minimum road frontage as provided in this chapter, except that in a class II subdivision up to two parcels of land may access a public road by the provisions of a valid easement (unpaved), containing a minimum width of 30 feet.
(d)
No person shall develop portions of one tract, or contiguous tracts, one after the other, so that a succession of lower class subdivisions are affected instead of an initial, comprehensive, and proper development of a single subdivision as a class III. No person shall, therefore, develop more than one class II subdivision or combination thereof, from the same parcel or tract of land or on contiguous tracts. No person shall develop more than one class II subdivision, or combination thereof, or contiguous tracts, if such persons are engaged in a common development enterprise, if either one owns an interest in the other, or if the separate tracts were purchased one from the other or from a common grantor within two years prior to development. The development of contiguous subdivisions shall not be allowed if any class II subdivision is present and there is also present the extension of a street running through a subdivision or there is a street or way tying into a street in another subdivision.
(e)
The applicant for approval of the development of any class of subdivision shall reveal in his application the fact and extent of any land owned by him, or in which he has any property interest, which abuts or adjoins the land for which subdivision approval is sought. The plat submitted to the planning commission showing the land to be subdivided shall also include a plat of all such abutting or adjoining land owned by the applicant. These plats shall show the conjunction of the land to be subdivided abutting and adjoining land owned by the applicant, and the owners of the land surrounding the applicant's lands.
(f)
The easement allowed for a class II subdivision shall not be used to access any property not within the class II subdivision. The plat of the class II subdivision shall show the access easement and shall contain the following legend which shall be properly executed prior to approval by the county planning commission and recording by the clerk of court:
"The undersigned owner hereby dedicates the private easement shown on this plat to the common use of the owner, or owners, of the lots within this subdivision. It is further acknowledged that such private easement shall not be accepted by Banks County, Georgia, but shall remain privately owned and maintained."
_____
OwnerSigned, sealed and delivered in the presence of: _____
Witness_____
Notary Public
(Res. No. 2001-08, § 1(811), 3-13-2001; Ord. No. 2003-19, § 1, 5-13-2003)