§ 40-3. Jurisdiction.

(a)

These regulations shall govern all subdivisions of land within the planning area, which consists of the unincorporated portions of St. Martin Parish, Louisiana, as now or hereafter established. Within these regulations the term "subdivision" shall mean the division, partition or sale of a tract or parcel of land into five or more lots, sites or divisions, any of which are less than three acres in area, for the purpose, whether immediate or future, of sale or building development and includes resubdivision and when appropriate to the context, relates to the process of subdivision or to the land or area subdivided. It is acknowledged that the authority described in section 40-2 grants to the planning commission jurisdiction over the division of land into two or more lots, but said commission has deemed it in the public interest to assume only the limited jurisdiction as stated. Any owner of land within this area wishing to subdivide land shall submit to the planning commission a plat of the subdivision according to the procedures outlined in these regulations.

(b)

No plat of a subdivision lying within the unincorporated areas of the parish shall be recorded in the office of the clerk of court of the parish and no subdivision shall proceed with improvements or sale of lot or lots in a subdivision until such subdivision plat shall have been approved in writing on the plat by the chairperson or the secretary of the planning commission.

(c)

The jurisdiction shall not include:

(1)

The splitting of a lot into two parts, provided both parts are to be used to increase the size of adjoining lots.

(2)

Land in subdivisions previously legally recorded, except in the case of resubdivision.

(3)

The division, partition or sale of land unless such partition results in the division into five or more lots, any of which are less than three acres in area.

(4)

The subdivision of land to be used for orchards, forestry, or raising of crops, provided the owner certifies upon the plat that such land is intended only for orchards, forestry, or raising of crops.

(5)

The case of a bona fide partition of property by the legal heirs of a landowner after his death, nor in the case of the distribution by a landowner to his direct descending heirs, either by testamentary disposition or through transfer and distribution during the lifetime of the landowner. This section shall not be interpreted to restrict the owners of property gained through this form of acquisition from constructing their personal residences and residing in same.

(Ord. of 6-30-1969, § 1.3; Ord. No. 05-11-0603-OR, 11-1-2005)