(A) The following exemptions shall not be included within any of the above definitions nor be subject to any regulations enacted pursuant to this chapter, however, all lots created under these exemptions must meet the wastewater, area, and setback standards of this chapter and the county zoning ordinance:
(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 county as shown in this chapter.
(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 county, as shown in 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 Chapter 29 of the General Statutes.
(6) Family subdivision exemption applies to any subdivision of land being conveyed for the purpose of family ownership to the members of the owner's immediate family, including spouses, brothers, sisters, sons and daughters, parents, grandparents and grandchildren. Family exemptions must meet the following requirements:
(a) A plat prepared by a registered North Carolina professional land surveyor or engineer listing the family members and corresponding lots being conveyed.
(b) A statement declaring that this subdivision is being created for the purpose of family ownership.
(c) All maintenance of the access and utility easements shall be the responsibility of the lot owners and shall be noted on the plat.
(B) Plat with exemptions. Any map of an exemption shall be presented with the exemption certification with the noted exemption type for the Subdivision Administrator to sign-off prior to recordation. If the Subdivision Administrator determines that the intent to make use of any of these exemptions is to circumvent the provisions of the Subdivision Ordinance, then the use of this exemption may be denied. The applicant may then appeal the Subdivision Administrator's decision to the Planning Board.
(C) Notices. The approvals and disapprovals set forth in this section shall be communicated by the officer making the determination who shall in turn give written notice to the owner of the property that is the subject of the determination and to the party who sought the determination, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax
abstract and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner.
(Ord. passed 6-21-21)