(A) General applicability.
(1) The provisions of this chapter shall apply to the use and development of all land within the unincorporated area of Greene County, North Carolina unless such use or development is expressly exempted by a specific section of this chapter, or by state or federal law. No person shall commence or proceed with development without first securing approval from the county as herein provided. As defined in G.S. § 160D-102(12), "development" means any of the following:
(a) The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
(b) The excavation, grading, filling, clearing, or alteration of land.
(c) The subdivision of land as defined in G.S. § 160D-802.
(d) The initiation or substantial change in the use of land or the intensity of use of land.
(2) A development approval shall be in writing and may contain a provision requiring the development to comply with all applicable state and local laws. A local government may issue development approvals in print or electronic form. Any development approval issued exclusively in electronic form shall be protected from further editing once issued. Applications for development approvals may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for development approval for such development as is authorized by the easement.
(3) An approval made pursuant to this chapter attaches to and runs with the land.
(4) The provisions of this chapter shall apply throughout the county except in areas subject to municipal planning and development regulation jurisdiction. This chapter may be exercised within the planning and development regulation jurisdiction of a municipality, upon adoption of a formal resolution by the municipality's governing board requesting same and upon adoption of a formal resolution of the Board of County Commissioners agreeing to such exercise. The Board of County Commissioners reserves the right to decline, for any or no reason, the exercise of any section of this chapter within the planning and development regulation jurisdiction of a municipality and further reserves the right to revoke such exercise at any time upon adoption of a formal resolution to such effect, provided that notice of such revocation shall be provided to the relevant municipality upon two years' written notice.
(B) Bona fide farm exemption. The provisions of this chapter shall not affect property used for bona fide farm purposes; provided, however, that this chapter shall apply to the use of farm property for nonfarm purposes. The provisions of G.S. § 160D-903 shall control whether the use of property is for "bona fide farm purposes," and the provisions of such section are incorporated herein by reference as if set forth herein verbatim.
(C) Density credits or severable development rights. Density credits or severable development rights for dedicated rights-of-way shall be provided to a developer pursuant to G.S. § 136-66.10 or 136-66.11. The county reserves the right to determine whether density credits or severable development rights shall be provided in any particular case.
(Ord. passed 6-21-21)