For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS EASEMENT. An easement which grants the right to cross property.
ALLEY. A strip of land, owned publicly or privately, set aside primarily for utility service access at the backside of properties, otherwise abutting a street.
BUILDING SETBACK LINE.The line on the front, rear, and sides of a lot that delineates the area within which a structure may be built and maintained.
COMMON OPEN SPACE. Land designated by the plat for the use, benefit, and enjoyment of all residents, and the developer or homeowners shall not place age, race, sex, or unreasonable economic restrictions upon the use of said open space.
CORNER LOT. A lot abutting upon two or more streets at their intersection.
CUL-DE-SAC. A street with one end open to traffic, and the other end of which is permanently terminated by a vehicular turn-around.
DOUBLE FRONTAGE LOTS. A continuous (through) lot of the same depth as the width of a block and which is accessible from both of the streets upon which it fronts.
EASEMENT. A grant by the property owner for use by the public, a corporation, or person(s) of a strip of land for specified purposes.
HOMEOWNERS’ ASSOCIATION. A community association, other than a condominium association, which is organized in a development in which individual owners share common interests in open space or facilities. The ASSOCIATION usually holds title to certain common property, manages and maintains the common property, and enforces certain covenants and restrictions.
LOT OF RECORD. A lot which is part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds of the county prior to the adoption of this chapter, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this chapter.
LOTS. A parcel of land under single ownership occupied or capable of being occupied by a principal building together with its accessory buildings, including the open space required under the terms of this chapter.
OFFICIAL MAPS OR PLANS. Any maps or plans officially adopted by the County Commissioners, or municipalities in the county, as a guide for the development of the county, consisting of maps, charts, and/or texts.
PLANNED UNIT DEVELOPMENT. A contiguous area to be planned and developed as a single entity containing one or more residential clusters or planned unit developments and one or more public, quasi-public, commercial, or industrial areas in such ranges or ratios of non-residential uses to residential uses as shall be specified.
PLANNING BOARD. The body created by the Board of County Commissioners, pursuant to G.S. § 153A-321, to act as a planning agency for the Commissioners on planning matters within the county.
PLAT. A map or plan of a parcel of land which is to be, or has been subdivided, or any existing parcel.
PUBLIC OR COMMUNITY SEWAGE SYSTEM. A single system of sewage collection, treatment, and disposal owned and operated by a sanitary district, a metropolitan sewage district, a water and sewer authority, a county or municipality, or a public utility.
PUBLIC WATER SYSTEM. A system for the provision to the public of piped water for human consumption, if such a system has at least 15 service connections or regularly serves at least 25 year-round residents, pursuant to G.S. § 130A-313(10).
RESTRICTED COVENANT. A restriction on the use of land usually set forth in the deed. The RESTRICTIVE COVENANT usually runs with the land and is binding upon subsequent owners of the property.
REVERSE FRONTAGE LOT. A continuous lot of the same depth as the width of a block, accessible from only the minor of the two streets upon which it fronts.
SEPTIC TANK SYSTEM. A ground absorption sewage treatment and disposal system consisting of a septic tank and a nitrification field, necessary pipe lines, conduits, pump stations, and other appurtenances required for proper collection, distribution, treatment, disposal, operation, and performance, or any other system approved by the Health Department.
SEWAGE DISPOSAL SYSTEM. Any alternative system, other than a septic tank system, which is approved by the Health Department.
SHALL. The word SHALL is always mandatory and not merely directory.
SPOIL. Earth, rock, or other materials excavated or dredged.
STREET, COLLECTOR. A street which collects traffic from local streets and connects with minor and major arterials.
STREET, HALF. A street measured from the centerline to either side of the right-of-way.
STREET, MAJOR ARTERIAL. A street with access control, channelized intersections, restricted parking, and which collects and distributes traffic to and from minor arterials.
STREET, MINOR ARTERIAL. A street with signals at important intersections and stop signs on the side streets, and which collects and distributes traffic to and from collector streets.
STREET, PRIVATE.A dedicated or undedicated private right-of-way, which affords access to abutting properties and requires a subdivision streets disclosure statement in accordance with G.S. § 136-102.6.
STREET, PUBLIC. A dedicated and accepted public right-of-way which affords the principal means of access to abutting properties for vehicular traffic.
SUBDIVIDER. Any persons, firm, or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.
SUBDIVISION. All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and includes all divisions of land involving the dedication of a new street or a change in existing streets; provided, however, that the following is not included within this definition and is not subject to any regulations enacted pursuant to this part, except lot size restrictions:
(1) The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the county as shown by the regulations prescribed by this chapter;
(2) The division of land into parcels greater than ten acres if no street right-of-way dedication is involved;
(3) The public acquisition by purchase of strips of land for widening or opening streets;
(4) The division of a tract in single ownership, the entire area of which is not greater than two acres, into not more than three lots, if no street right-of-way dedication is involved, and if the resultant lots are equal to or exceed the standards of the county, as shown by the subdivision regulations contained in this chapter;
(5) The gift by a property owner of a single lot to his or her child, grandchild, brother, sister, parent, or grandparent or to each of his or her children, grandchildren, brothers, sisters, parents, or grandparents where no new road is involved, provided that only one such gift per child, grandchild, brother, sister, parent, or grandparent be made during a ten-year period and where the resultant lot is equal to or exceeds the standards of the county as shown in these subdivision regulations;
(6) The division of property belonging to the heirs of a single individual when such property is divided only for the settlement of the estate and not for sale as building sites; and
(7) Cemeteries.
SUBDIVISION ADMINISTRATOR. The person or persons responsible for the administration of this chapter, and appointed in § 153.09.
SUBDIVISION, MAJOR. Any subdivision not classified as a minor subdivision or special subdivision.
SUBDIVISION, MINOR. A subdivision of land that does not involve any of the following:
(1) The creation of three or fewer lots or more than ten lots;
(2) A planned unit development;
(3) Any new street; or
(4) The extension of any off-tract improvements, except for such improvements as electrical, cable, and the like.
SUBDIVISION, SPECIAL. A subdivision where three or fewer lots will result after the subdivision is complete. Access is provided by an access easement connecting to an existing dedicated public or private street unless the proposed lot(s) front or abut an existing dedicated public or private street.
VARIANCE. A modification or alteration of any of the requirements of this chapter.
(Ord. passed 1-8-2002)