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<br />JUDICIAL REACTION <br /> <br />002322 . <br /> <br />45 <br /> <br />5-332 <br /> <br />~;!~ <br /> <br />332. Defil:!i tiol:!' bf'Subdi vision. <br /> <br />, <br />As discussed in Section 5-230.1Z, most statutes <br /> <br />define subdivision to include division of a parcel for the <br />purpose of building or sale into twO" or more ilets. Some <br />definitions are less restrictive an~many definitionsinclud~. <br />exemptions and exceptions. While most enabling ,statutes in- <br />clude a definition of subdivision, those which do not have <br />been construed to authorize ,. each municipality to coin its. <br />own'definition.28 .If the enabling statutes include a defini- <br />tion and a planning agency adopts an'ordinance with a different <br />definition, the statutory definition and not the de~inition in <br /> <br />planning regulations detennines whether a partieu1a'r property <br />~s.a SUbdivision.29 DefiI'litions which regulate only. subdivid.ers <br />of five or more 10ts30 Or twenty.or more1ots31 have been <br />upheld against claims. that they discriminate against the <br />subdividers of large numbers of lots. However, an ambiguous <br />Florida statute whieh required all divisions of land less than <br />an acre be platted but did not apply to divisions greater than <br />an acre was held discriminat~ry and unconstitutiona~~32 <br />A definition which requires review for all divisions of <br />land will prevent evasion of the subdivision law but may place <br />a heavy financial burden upon the individual lot owner who <br />must prepare a detailed plat prior to sale ,of a single lot. <br />In some communities subdivision'Sof less than a specified <br />number of lots are afforded special treatment as "minor sub- <br />submission of 33 <br />divisions" which require some review but not/detailed plats. <br />