(A) Title. This chapter will be known as the Subdivision Chapter of Duck, North Carolina.
(B) Authority. The Town Council for the Town of Duck, North Carolina hereby adopts this chapter under the authority of G.S.§ 160D-801.
(C) Purpose. The purpose of this chapter is to establish procedures and standards for the development and subdivision of real estate within the town in an effort to, among other things, ensure proper legal description, identification, monumentation and recordation of real estate boundaries; further the orderly layout and appropriate use of land; provide safe, convenient and economic circulation of vehicular traffic; provide suitable building sites which drain properly and are readily accessible to emergency vehicles; assure the proper installation of roads and utilities; and help conserve and protect the physical and economic resources of the town.
(D) Substance. The Dare County Register of Deeds shall record no plat of a subdivision of land within the Town of Duck until the Town of Duck has approved a final plat of the subdivision.
(E) Exemptions. Pursuant to G.S. § 160D-802, the provisions of this chapter do not apply to any of the following:
(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 established 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 or for public transportation corridors.
(4) The division of a tract of land in single ownership, the entire area of which 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 established by this chapter.
(5) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under N.C. Chapter 29.
(Ord. passed 8-7-2002; Am. Ord. 15-01, passed 3-4-2015; Am. Ord. 17-16, passed 2-7-2018; Am. Ord. 21-02, passed 6-2-2021)