(A) All subdivisions shall be considered major subdivisions except those defined as minor subdivisions or those determined as exempt. Major subdivisions shall be reviewed in accordance with the procedures of Part. V of this subchapter. Minor subdivisions shall be reviewed in accordance with the provisions of Part IV.
(1) However, if the subdivider owns, leases, holds an option on, or holds any legal or equitable interest in any property adjacent to or located directly across a street, easement, road or right-of-way from the property to be subdivided, the subdivision shall not qualify under the minor subdivision procedure.
(2) Furthermore, the minor subdivision procedure may not be used a second time within three years on any property less than 1,500 feet from the original property boundaries by anyone who owned, had an option on, or any legal interest in the original subdivision at the time the subdivision received preliminary of final plat approval.
(B) The term “minor subdivision” is defined as one involving no new public or private street or roads, or right-of-way dedication, no easements, no utility extension, where the entire tract to be subdivided is five acres or less in size, and where four or fewer lots result after the subdivision is completed.
(C) Exempt subdivisions. For the purpose of this chapter, subdivision regulations shall be applicable to 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 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 existing streets; but the following shall not be included within this definition nor be subject to the regulations authorized by this subchapter:
(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 local government as shown in its subdivision regulations.
(2) The division of land into parcels greater than ten 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 system corridors.
(4) 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 local government, as shown in its subdivision regulations.
(5) 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. For similar state law provisions, refer to G.S. § 160D-802(a).
(D) Exempt determination. If the Subdivision Administrator determines that the proposed division is exempt from the provisions of these regulations and does not require approval, the plat shall be endorsed to that effect and may then be recorded in the Office of the Register of Deeds. The endorsement shall read as follows:
Certificate of Exemption; No Approval Required I hereby certify that the division of land shown and described hereon is not division of land subject to the Town of Fairmont Subdivision Regulations. Subdivision Administrator Date |
(1) Appeal. The subdivider may appeal the denial of a requested exemption to the Board of Commissioners at their next regular meeting.
(Ord. 23-241, passed 7-18-2023)