§ 154.005  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
   CONSERVATION DEVELOPMENT DISTRICT.  A conservation development district shall mean an area of land that has been zoned as a conservation development district. A subdivision of conservation development district land (applied for subdivision under § 154.047 of this chapter) shall permit lots to be reduced below the minimum size and dimension requirements of the subdivision ordinance, provided an amount of common open space not less than 50% shall be designated, dedicated, reserved, and restricted in perpetuity from further development and is set aside in perpetuity for open space and preservation. The number of lots in a conservation development district subdivision shall not exceed that permitted in a conventional subdivision allowed for that subdivision were it to be developed without a conservation development district overlay.
   DOUBLE-FRONTAGE LOT.  A continuous lot of the same depth as the width of a block containing 2 tiers of lots 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.
   INDIVIDUAL SEWER SYSTEM.  Any septic tank, privy or other source used to supply a single connection.
   INDIVIDUAL WATER SYSTEM.  Any well, spring, stream or other source used to supply a single connection.
   LOT.  A portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership or for development or both. The word LOT includes the words “plot” or “parcel”.
   MINOR SUBDIVISION.  Any subdivision of a tract of land into not more than 4 lots where the intention is not to further subdivide the tract of land and where no new street right-of-way is involved except where defined by the Zoning Administrator as a private minor road. The Zoning Administrator shall determine if a subdivision may be considered as a minor subdivision only after the following conditions have been met:
      (1)   The subdivision meets the requirements for a minor subdivision as defined in this chapter.
      (2)   The Zoning Administrator has received a signed letter of intent from the subdivider or his or her agent in a form acceptable to the Zoning Administrator, clearly stating that the application for consideration of the subdivision as a minor subdivision is in no way submitted to circumvent the requirements of this chapter pertaining to subdivisions other than minor subdivisions.
      (3)   That the subdivider or his or her agent fully understands, to the satisfaction of the Zoning Administrator, that any further subdivision of the parent tract of land or any lots or parcels of land therefrom subdivided which are subject to the provisions of this chapter shall not be considered as a minor subdivision.
   OFFICIAL MAPS OR PLANS.  Any maps or plans officially adopted by the Village Council as a guide for the development of the village.
   PLANNING BOARD.  The Chimney Rock Village Planning Board.
   PLAT.  A map or plan of a parcel of land which is to be or has been subdivided.
   PRIVATE DRIVEWAY.  A roadway serving 2 or fewer lots, buildings sites or other parcels of land, and not intended for public ingress or egress.
   PUBLIC SEWER SYSTEM.  Any sewer system owned and operated by a local unit of  government in Rutherford County, or other sewage treatment facility serving 2 or more connections, or any wastewater treatment system having a discharge to surface waters when approved by the Division of Environmental Management of the Department of Natural Resources and Community Development, or ground absorption system serving 2 or more connections when approved by the County Sanitarian.
   PUBLIC WATER SYSTEM.  Water systems serving 15 or more connections or serving more than 25 year-round residents are classified as public water supplies by state law, and plans and  specifications must be approved by the Department of Human Resources, Division of Health Services. Also, water supply systems serving from 2 to 14 connections shall be regulated by the appropriate County Board of Health.
   SINGLE TIER LOT.  A lot which backs upon a limited access highway, a railroad, a physical barrier or a nonresidential use and to which access from the rear of the lot is usually prohibited.
   STREET.  A defined access way for vehicular traffic including all rights-of-way.
   SUBDIVIDER.  Any person, 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 into 2 or more lots, building sites or other divisions when any 1 or more of those divisions is created 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 the existing streets; but the following shall not be included within this definition nor be subject to the regulations authorized by this chapter:
      (1)   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 village as required by this chapter;
      (2)   The division of land into parcels greater than 10 acres where no street right-of-way dedication is involved;
      (3)   The public acquisition by purchase of strips of land for the widening or opening of streets for public transportation system corridors;
      (4)   The division of a tract in single ownership whose entire area is no greater than 2 acres into not more than 3 lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the village as required by this chapter; and
      (5)   The village may allow a minor subdivision, defined as the subdivision of a tract of land into not more than 4 lots where the intention is not to further subdivide the tract of land and where no new street right-of-way is involved other than as a private minor road; a private minor road being defined as a road serving a minor subdivision and having access to an existing state-maintained road, and which private minor road shall have a right-of-way in accordance with the Division of Highways' “Minimum Construction Standards” for subdivision roads for the eventuality of constructing a public road by the residents of the private minor road; provided, however, the seller shall be made aware by the subdivider of the provision of G.S.§ 136-102.6.
   WORD INTERPRETATION.  For the purpose of this chapter, certain words shall be interpreted as follows:
      (1)   MAY. Is permissive.
      (2)   ORDINANCE and REGULATIONS.  The Subdivision Regulations for Chimney Rock Village, North Carolina.
      (3)    REGISTER OF DEEDS.  The Register of Deeds of Rutherford County, North Carolina.
      (4)   SHALL and WILL.  Are mandatory.
      (5)   VILLAGE.  Chimney Rock Village, North Carolina.
      (6)   The present tense includes the future tense and the future tense includes the present tense.
      (7)   The singular includes the plural and the plural includes the singular.
   ZONING ADMINISTRATOR.  The Zoning Administrator as designated by the Chimney Rock Village Council.
(2002 Code, Art. VI)  (Ord. passed 4-1-1985; Am. Ord. passed 10-18-2005; Am. Ord. passed 10-16-2007)