§ 50-3. Plats and platting-recording; exceptions.

Whenever land is subdivided, a plat must be recorded except that the recording of the plat will not be required if:

(1)

The subdivision involved consists only of the dedication of a road, highway, street, alley or easement and due to unusual circumstances and conditions the Medley Building and Zoning Department finds that it is not necessary that a plat be recorded. In lieu of the recording of a plat, the dedication may be required by deed, and may be subject to compliance with such conditions as may be deemed appropriate under particular circumstances, such as improvements of sidewalks, streets or drainage facilities and the acceptance of the dedication by the Town Council of the Town of Medley. Posting of bond shall be required if for any reason the subdivider wishes to delay or deter the installation of improvements, such as sidewalks, streets, drainage facilities or landscaping. Such bond shall be in an amount which shall be no less than 125 percent of the estimated costs of any improvements required by this chapter and shall be posted at the time a request is made by the subdivider to the Town of Medley for a resolution adopting the final plat. The bond shall either be in the form of cash or by a surety, or in such other form approved by legal counsel for the Town of Medley. In no event shall the installation or construction of improvements be delayed or deferred for more than 48 months from the first day of the month next following the month in which the final plat is adopted by the Town Council of the Town of Medley. Any delay or deferral of the installation or construction of improvements desired by a subdivider shall be approved by the Town Council of the Town of Medley at a regularly scheduled meeting thereof.

(2)

The land to be subdivided is to be divided into no more than two lots and because of unusual conditions created by ownership or development of adjacent lands or the isolation or remoteness of the land concerned in relation to other platted or improved lands, or improvements in dedications existing on the land substantially in accordance with the requirements of this chapter, it is determined by the Medley Building and Zoning Department that waiving of the requirement for platting would not conflict with the purpose and intent of this chapter. In lieu of platting, the Medley Building and Zoning Department shall require any dedications, reservations or improvements required in connection with platting under this chapter, including the posting and performance and maintenance bond, as may be necessary to carry out the intent and purpose of this chapter. Any such waiver of plat must be approved by the Medley Town Council.

(3)

The resubdivision of land heretofore platted is of such unusual size or shape, or surrounded by such development or unusual conditions as may be determined by the Medley Building and Zoning Department to justify the waiving of the requirement for recording of a plat. In lieu of the recording of a plat, such conditions may be imposed as may be deemed necessary and appropriate to preserve the public interest.

(Ord. No. C-274, § 4, 1-6-97)