For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUFFER STRIP. A strip of land no less than five feet in width containing evergreen shrubs spaced not more than five feet apart, and not less than one row of dense shrubs five feet or more in height after three growing seasons which shall be planted, trimmed and maintained continuously in a healthy growing condition by the property owner. (Optional: where evergreen shrubs are deemed inappropriate because of limited lot space or other reasons, a wooden structure screen fence manufactured of suitable salt treated pine, or cedar, cypress, or redwood lumber not less than five feet or more than eight feet high may be erected and maintained in good condition by the property owner with the approval and/or recommendation of the Planning Board of the county.)
CORNER LOT. A lot abutting upon two or more streets at an intersection.
COUNTY COMMISSIONERS. The County Board of Commissioners.
CUL-DE-SAC. A short street permanently terminated at one end by a vehicular turnaround.
DEDICATION. A gift by a property owner to another party without any consideration being received for transfer. The dedication is made by written instrument and is completed with a written acceptance.
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.
FLOOD PRONE AREAS. Areas indicated on the flood hazard boundary maps of the Federal Emergency Management Agency to be susceptible to inundation during a 100-year flood. In the absence of 100-year flood data, other flood data may be used if approved by the Federal Emergency Management Agency (FEMA).
LINEAL FAMILY. Shall include only direct lineal descendants (children, grandchildren, great grandchildren), direct lineal ascendants (father, mother, grandfather, grandmother) and spouses as defined in G.S.§§ 29-2(4) and 104A-1.
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. In determining the area and dimensions of a LOT, no part of the right-of-way of a road may be included.
LOT OF RECORD. A lot which is part of a subdivision, a plat which has been recorded in the office of the Register of Deeds of the county prior to the adoption of these regulations, or a lot described by metes and bounds, the description of which has been recorded prior to the adoption of these regulations.
MAJOR SUBDIVISION. All subdivisions containing three or more lots.
MANUFACTURED HOME (MOBILE HOMES). A large trailer built on a chassis with a body outfitted as a home, meant to be parked more or less permanently at a location differing from travel trailers and campers that are not considered mobile homes. The size of the body of these homes in width for single-wides vary from eight to 14 feet and for double-wides up to 28 feet. Body lengths range from 32 to 83 feet. When two or more such units are designed and built at the factory to be joined together they shall be considered to be one home.
MINIMUM REQUIREMENTS. All sizes, setbacks, and other requirements of these regulations are minimum requirements and may be increased.
MINOR SUBDIVISIONS. All subdivisions not defined as major subdivisions.
OFFICIAL MAPS and PLANS. Any maps and plans officially adopted by the County Commissioners as a guide for development in the county.
OPEN SPACE. An area (land and/or water) generally lacking in human-made structures and reserved for enjoyment.
PLANNED UNIT DEVELOPMENT (PUD). A permitted use designed to provide for developments incorporating a single type or a variety of residential and related uses which are planned and developed as a unit. Such development may consist of individual lots or common buildings sites. Common open space must be an element of the plan related to affecting the long-term value of the entire development.
PLANNING BOARD. The Planning Board of the county.
PLANNING DIRECTOR. The Planning Director of the County Planning Department.
PRIVATE STREET. An 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.
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, constructed and operated in compliance with the applicable requirements of the State Department of Environment, Health, and Natural Resources, Division of Environmental Management.
PUBLIC WATER SYSTEM. A system for the provision to the public of piped water for human consumption if the system services 15 or more service connections or which regularly serves 25 or more individuals. Two or more water systems that are adjacent and are owned and operated by the same supplier of water and that together serve 15 or more service connections or 25 or more persons is a PUBLIC WATER SYSTEM.
RECREATION AREA or PARK. An area of land or combination of land and water resources that is developed for active and/or passive recreation pursuits with various human-made features that accommodate 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 period of time.
SHALL. The action referred to is always mandatory and not merely directory.
STREET (ROAD). A dedicated and accepted public right-of-way for vehicular traffic.
STREETS and RURAL ROADS.
(1) Roads.
(a) PRINCIPAL ARTERIAL. A rural link in a network of continuous routes serving corridor movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel and existing solely to serve traffic. This network would consist of interstate routes and other routes designated as PRINCIPAL ARTERIALS.
(b) MINOR ARTERIAL. A rural link in a network joining cities and larger towns and providing intrastate and intercounty service at relatively high (55 mph) overall travel speeds with minimum interference to through movement. This network would primarily serve traffic.
(c) MAJOR COLLECTOR. A road which serves major intracounty travel corridors and traffic generators and provides access to the arterial system.
(d) MINOR COLLECTOR. A road which provides service to small local communities and links the locally important traffic generators with rural areas.
(e) LOCAL ROAD. A road providing access for adjacent land and for travel over relatively short distances.
(2) Streets.
(a) 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.
(b) MINOR THOROUGHFARES. MINOR THOROUGHFARES are important streets in the city system and perform the function of collecting traffic from local access streets and carrying it to the major thoroughfare system. MINOR THOROUGHFARES may also supplement major thoroughfares assisting in minor through traffic movement and may also serve abutting property.
(c) LOCAL STREET. A local street provides access to abutting land and access to higher systems. It offers the lowest level of mobility and through traffic is usually discouraged.
SUBDIVIDER. Any person, firm, corporation, or duly authorized agent who subdivides or develops any land deemed to be a SUBDIVISION as defined herein.
SUBDIVISION. As follows.
(1) All divisions of a tract or parcel of land into two or more lots, building sites or other divisions, when any one or more of those divisions are created for the purpose of sale or building development, whether immediate or future, and includes all division of land involving the dedication of a new street or a change in existing streets, but the following shall not be included within this definition nor be subject to the regulations established herein:
(a) 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 in its subdivision regulations;
(b) The public acquisition by purchase of strips of land for the widening or opening of streets;
(c) The division of land into parcels greater than five acres where the grantor or developer records a right-of-way agreement prior to or simultaneously with the recording of the deed, which said agreement provides for access to the parcel by right-of-way at least 50 feet in width and contains an agreement for construction and maintenance of the road;
(d) The division of a tract in single ownership whose entire area is not greater than two acres into not more than three lots, where no street right-of-way is involved and where the resultant lots are equal to or exceed the standards of the county, as shown in these regulations;
(e) MINOR SUBDIVISIONS as this section which abut state maintained roads or meet State Department of Transportation (DOT) specifications for secondary roads and involve no utility extensions and where the resultant lots are equal to, or exceed, the standards of the county as shown in these regulations. This exemption does not apply to parcels, tracts, or lots which have been previously subdivided within the past five years;
(f) The division of land pursuant to an order of the General Court of Justice; nor
(g) The conveyance of a lot or tract for the purpose of dividing land among persons related within the third degree of lineal kinship if the resultant lots are equal to or exceed the standard of the county as shown in its ordinances and regulations.
(2) Plats falling under exemptions of divisions (1)(a), (b), (c), (d), (e), (f), and (g) of this definition shall be stamped “No Approval Required by the County Planning Department” and signed by its authorized representative before recording in the office of the Register of Deeds of the county.
(3) Plats falling under exemptions of division (1)(g) of this definition shall be stamped with the following certificate:
I (we) hereby understand that this plat is approved as exempt from the Subdivision Ordinance of Davie County. This is a family subdivision and is for the exclusive purpose of conveying land among family members within the third degree of lineal kinship. These lots/tracts shall not be used for the purpose of sale or building development, either now or in the future, except for those family members. Additional approvals may be required by Davie County or its successor agency before any subsequent sale or building development may occur.
Owner(s) Date
I further acknowledge that my lineal family members who will be conveyed the newly created family lots are:
1. Lot# , and
(Name) (Relationship)
2. Lot# , and
(Name) (Relationship)
3. Lot# , and
(Name) (Relationship)
4. Lot# , and
(Name) (Relationship)
5. Lot# , and
(Name) (Relationship)
TOWNHOUSES. A group of single-family attached dwellings, each dwelling situated on its own individual lot. Ownership is passed in fee simple, subject only to party wall rights by agreements set forth in the restrictive covenants.
(1996 Code, § 154.01) (Ord. passed 3-21-1994; Ord. passed - -; Ord. passed - -; Ord. passed 3-20-2006; Ord. passed 3-20-2006)