(A) Word interpretations. For the purpose of this chapter certain words shall be interpreted as follows:
(1) Words used in the present tense include the future tense.
(2) Words used in the singular number induce the plural and words used in the plural number include the singular, unless the natural construction of the wording indicates otherwise.
(3) PERSON includes a firm, association, corporation, trust, and company as well as an individual.
(4) USED FOR shall include the meaning "designed for".
(5) STRUCTURE shall include the word "building".
(6) LOT shall include the words "plot", "parcel", or "tract".
(7) SHALL is always mandatory and not merely directory.
(8) MAY is permissive.
(9) STREET shall include "public" or "private" street unless otherwise indicated.
(B) Definitions. For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE DECISION. A decision made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in this chapter.
BLOCK. A piece of land bounded by visible physical barriers such as streets, parks, railroad right-of-ways, streams, etc.
BUFFER STRIP. A strip of land used for plantings designed for the purpose of reducing adverse effects of adjacent land uses to the side or rear which may not be compatible with the use on a particular piece of property, such as reducing noise, pollution, or blocking glaring lights or visual clutter.
BUILDING SETBACK LINE. A line parallel to the front property line in front of which no structure shall be erected. Setbacks shall be figured from the right-of-way line.
DEDICATION. A gift by the owner, or a right to use of land for a specified purpose or purposes. Because a transfer of property rights is entailed, dedication must be made by written instrument, and is completed with an acceptance.
DEVELOPMENT APPROVAL. An administrative or quasi-judicial approval made pursuant to this chapter that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, and variances. The term also includes all other regulatory approvals required by regulations adopted pursuant to this chapter, including plat approvals, permits issued, development agreements entered into, and building permits issued.
EASEMENT. A grant by the property owner of a strip of land for a specified purpose and use by the public, a corporation or persons.
FLOOD HAZARD AREA. That area indicated in the town's hazard mitigation plan that is prone to flooding and is delineated on the town's flood plain map.
GRADE. The slope of a road, street, or other public way, specified as a percentage.
HALF-STREET. A street whose centerline coincides with a subdivision plat boundary, with one-half the street right-of-way width being contained within the subdivision plat. Also, an existing street to which the parcel of land to be subdivided abuts on only one side.
LOT. A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title.
LOT, DEPTH OF. The distance measured in the mean direction of the side lot lines from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT, FRONT OF. The portion of a lot nearest the street. For corner and through lots, all sides adjacent to street right-of-ways shall be considered fronts.
LOT, WIDTH OF. The method of determining lot width whereby the average width is taken by averaging the front and rear property line.
LOT AREA. The total circumscribed by the boundaries of a lot, except that:
(a) When the legal instrument creating a lot shows the boundary of the lot extending to the center of a public street right-of-way or into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or a line running parallel to and 30 feet from the center of the traveled portion of the street if the right-of-way cannot be determined; and
(b) In a residential district, when a private road that serves more than three dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside boundary of the traveled portion of that road.
LOT COVERAGE. That portion of a lot occupied by a structure, either at ground level or that area directly beneath a raised structure.
LOT LINE, FRONT. The lines separating said lot from the street right-of-way.
LOT LINES. The lines bounding a lot as defined herein.
LOT TYPES. Figure 1 illustrates terminology used in this chapter with reference to corner lots, interior lots, reverse frontage lots and through lots.
(a) CORNER LOT (A). A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. NOTE: See lots marked A(1) in the diagram below.
(b) INTERIOR LOT (B). A lot other than a corner lot with only one frontage on a street.
(c) THROUGH LOT (C). A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
Figure 1
MONUMENTS. Markers placed on or in the land, which are metal pins not less than 3/4-inch in diameter and 18 inches long or concrete monuments four inches in diameter or square and three feet long.
NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial.
OFFICIAL MAPS OR PLANS. Any maps or plans officially adopted by the Town Council.
OPEN SPACE. An area (land and/or water) generally lacking in man-made structures and reserved for enjoyment in it unaltered state.
PLANNING BOARD. The Planning Board of the Town of Caswell Beach.
PLANNED UNIT DEVELOPMENT. A development constructed on a tract of at least ten acres under single ownership, planned and developed as an integral unit, and consisting of a combination of principal uses that could not be combined in any district other than a planned unit development district, in which the subdivision and zoning controls are applied to the project as a whole rather than to individual lots as in most subdivisions.
PLAT. A map or plan of a parcel of land, which is to be or has been subdivided.
PLAT, FINAL. A final map or plan of all or a portion of the preliminary plat of a subdivision which is presented to the Planning Board for its final approval.
PLAT, SKETCH. A sketch-map or plan of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification.
PRELIMINARY PLAT. A preliminary map or plan indicating the proposed lay-out of the subdivision which is submitted to the Planning Board for tentative approval.
PRIVATE DRIVEWAY. A roadway serving two or fewer lots, building sites or other divisions of land and not intended for public ingress and egress.
PROPERTY OWNER'S ASSOCIATION. An incorporated organization operating under land agreements through which:
(a) Each lot owner is automatically a member;
(b) Each lot is automatically subject to a proportionate share of the expenses for the organization's activities, such as maintaining common property.
PUBLIC SEWAGE DISPOSAL SYSTEM. A single system of sewage collection, treatment, and disposal serving two or more dwelling units or other properties which has been approved by the Brunswick County Health Department and the appropriate state agency, as provided by law.
PUBLIC STREET. A street consisting of a publicly dedicated right-of-way and a roadway maintained by the Town of Caswell Beach or the State of North Carolina.
PUBLIC WATER SYSTEM. Any water supply system furnishing potable water to ten or more residences or businesses, or combination of residences and businesses, approved by the appropriate state agency, as provided by law.
RECREATION AREA or PARK. An area of land and water resources that is developed for active and/or passive recreation pursuits with various manmade features and accommodates such activities.
RESERVATION. A reservation of land does not involve any transfer of property rights. It simply constitutes an obligation to keep property free from development for a stated period of time.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another specific use. The usage of the term RIGHT-OF-WAY for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not include within the dimensions or areas of such lots or parcels.
STREET. A right-of-way or easement 50 feet or more in width containing a roadway which provides or is used primarily for vehicle circulation. NOTE: As per § 152.52, design of all public streets and roads within the jurisdiction of this chapter shall be in accordance with the accepted policies of the North Carolina Department of Transportation, Division of Highways, as described in its publication Subdivision Road Minimum Construction Standards.
(a) Streets.
1. LOCAL STREET. A local street is any link not part of a higher order urban system which primarily serves to provide direct access to abutting land and access to higher systems.
2. MAJOR THOROUGHFARES. Major thoroughfares consist of interstate, other freeway and expressway links, and major streets that provide for the expeditious movement of volumes of traffic within and through urban areas.
3. MINOR THOROUGHFARES. Minor thoroughfares are important streets in the urban system and perform the function of collecting traffic from local access streets and carrying it to the major thoroughfare system by facilitating a minor through traffic movement and may also serve abutting property.
(b) Specific type rural or urban streets.
1. ALLEY. A strip of land, owned publicly or privately, set aside primarily for vehicular service access to the back or side of properties otherwise abutting on a street .
2. CUL-DE-SAC. A cul-de-sac is a short street having but one end open to traffic and the other end being permanently terminated and a vehicular turn around provided.
3. EXPRESSWAY. An expressway is a divided street or road which serves through traffic with full or partial control of access and generally with grade separations at intersections; however, infrequent at-grade crossings may be permitted.
4. FREEWAY. A freeway is a divided street or road which serves through traffic with full control of access and with grade separations at intersections.
5. FRONTAGE ROAD. A frontage road is a local street or road that is parallel to a full or partial access-controlled facility and functions to provide access to adjacent land.
STREET, PRIVATE. Any right-of-way or area set aside to provide vehicular access within a development that is not dedicated to the Town of Caswell Beach or State of North Carolina and that is not maintained by the Town of Caswell Beach or State of North Carolina. A private street is also a public vehicular access for purposes of traffic control.
SUBDIVIDER. Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.
SUBDIVISION. All divisions of any single tract or parcel of land into two or more lots, buildings sites or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within these definitions, nor be subject to any regulations enacted pursuant to this chapter:
(a) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the town as shown in this chapter.
(b) Division of land into parcels greater than ten acres where no street right-of-way dedication is involved.
(c) The public acquisition by purchase of strips of land for the widening or opening of streets.
(d) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the town as shown in this chapter.
(e) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. Chapter 29.
SUBDIVISION, MAJOR. Any subdivision of land not meeting the definition of a minor subdivision.
SUBDIVISION, MINOR. Any subdivision that involves no new public streets or roads, no right-of-way dedication, no utility extension, and where four or fewer lots result after the subdivision completion.
SUBDIVISION, MINOR EXPEDITED. The division of one existing parcel of land under single ownership that is not exempt per G.S. § 160D-802(a); (1) where no part of the tract or parcel to be divided has been divided in the ten years prior to the proposed division; (2) the entire area of the tract or parcel to be divided is greater than five acres; (3) after division, no more than three lots result from the division and all resultant lots comply with all lot dimension size requirements of the applicable zoning district and the use of the lots is in conformity with the applicable zoning district; and (4) a permanent means of ingress and egress is recorded for each.
TRAVELWAY. That portion of a right-of-way that is improved for use by either pedestrian or self-propelled vehicles or bicycles, including paved or gravel areas and any other area intended for vehicle movement.
(Ord. passed 9-8-83; Am. Res. passed 4-8-10; Am. Ord. passed - -)