It is the intent of this article to provide an orderly process for division of land into lots or parcels for the purpose of sale and/or building development by property owners. It is also this article's intent to ensure that subdivided lots or parcels can be used safely to build on without danger to the health, safety, and general welfare of both the prospective or future owners in the county's community, and that subdivisions are provided with and provide for adequate and efficient access and coordination of streets, water and/or sewage, parks, schools, playgrounds and other public requirements and facilities where appropriate.
(Ord. of 7-10-2000, § 5.1; Amend. of 6-1-2009(2))
(a) The regulations of this article are adopted under the authority of G.S. ch. 160D article 8 which authorizes the county to regulate the subdivision of land.
(b) The regulations of this article shall govern each and every subdivision of land within the county, except those lands lying within the extraterritorial planning jurisdiction of any municipality, unless such municipality formally requests that the county enforce these regulations within that municipal jurisdiction. Any municipal governing body may, upon one year's written notice, withdraw its approval of the county subdivision regulations, and those regulations shall have no further effect within the municipal jurisdiction.
(Ord. of 7-10-2000, § 5.2; Amend. of 6-1-2009(2); Amend. of - - )
(a) No land shall be subdivided, platted, or recorded, nor shall subdivided lots or parcels be sold, offered for sale, used, or occupied unless and until a final plat of the subdivision has been approved under this article and has been recorded by the county register of deeds. The subdivision of land by use of metes and bounds descriptions in instruments of transfer is prohibited. No lot or parcel resulting from a division of land excluded from the definition of subdivision in section 14-134 shall be sold, offered for sale, used, or occupied until the planning director certifies that such division of land falls within one of the exclusions listed in the definition of subdivision. No plat of any division of land within the county's planning jurisdiction shall be filed or recorded by the county register of deeds unless it contains the planning director's certification that the division of land has been approved under, or is not subject to, this article.
(b) Permit choice. If a land development regulation is amended by the board of commissioners between the time a development permit application was submitted and a development permit decision is made, the development permit applicant may choose which adopted version of the rule or ordinance will apply to the permit and use of the building, structure, or land indicated on the permit application in the manner established in G.S. 143-755.
(1) If the development permit applicant chooses the version of the rule or ordinance applicable at the time of the permit application, the development permit applicant shall not be required to await the outcome of the amendment to the rule, map, or ordinance prior to acting on the development permit.
(2) If a permit application is placed on hold at the request of the applicant for a period of six consecutive months or more, or the applicant fails to respond to comments or provide additional information reasonably requested by the county or state government for a period of six consecutive months or more, the application review shall be discontinued and the development regulations in effect at the time permit processing is resumed shall be applied to the application.
(3) Subject to G.S. 160D-108(d), where multiple local development permits are required to complete a development project, the development permit applicant may choose the version of each of the local land development regulations applicable to the project upon submittal of the application for the initial development permit. This provision is applicable only for those subsequent development permit applications filed within 18 months of the date following the approval of an initial permit. For purposes of the vesting protections of this subsection, an erosion and sedimentation control permit or a sign permit is not an initial development permit.
(Ord. of 7-10-2000, § 5.4; Amend. of - - )
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Construction plat means a plan with supporting data for a proposed subdivision, developed for the purpose of establishing the layout and provision of roads and utilities.
Flag lot means an irregularly shaped lot where the buildable portion of the lot is connected to its street frontage by an arm, or flagpole, of the lot.
Flood hazard boundary map means the official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk management zones applicable to the county.
Official plans means any plans officially adopted by the board of commissioners as a guide for the development of the county consisting of maps, charts, and texts.
Open space and common open space and recreation area mean any space or area characterized by great natural scenic beauty or whose openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding development, or would maintain or enhance the conservation of natural or scenic resources; or any undeveloped or predominately undeveloped land that has value for one or more of the following purposes:
(1) Park and recreational uses;
(2) Conservation of land and other natural resources; or
(3) Historic or scenic purposes.
Passive open space or recreation areas include scenic resources, any undeveloped or predominately undeveloped land used for informal walking trails, picnic areas or similar uses. Active recreation areas include playfields, tot lots, tennis courts, swimming pools and similar active play uses. The following land uses or land areas cannot be used to meet open space requirements of this chapter:
(1) Roads, road rights-of-way, driveways, or parking areas.
(2) Open areas within individual subdivision lots.
(3) Small, narrow strips of land, or other unusual land configurations that are not consistent with the objectives of this chapter.
Public sewer system means any sewer system whether operated publicly or privately unless the sewer source is located on a lot and serves only that lot in accordance with G.S. 130A-311-343.
Public water system means any water system whether operated publicly or privately unless that water source is located on a lot and serves only that lot in accordance with G.S. 130A-311-343.
Subdivider means any person who subdivides or develops any land deemed to be a subdivision as defined in this section.
Subdivision means any division of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development, whether immediate or future. It includes any division of land involving the dedication of a new street or change in existing streets. The following divisions of land are not included in this definition and are not subject to this article:
(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 set forth in this article, and the minimum gross lot size, minimum lot width and minimum street frontage standards of this chapter;
(2) The division of land into parcels greater than ten acres in area, where no public street right-of-way dedication or opening of streets is involved;
(3) The public acquisition, by purchase, of strips of land for the purpose of widening or opening of streets; or
(4) The division of a tract in single ownership whose entire land area is no greater than two acres into 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 set forth in this article, and this chapter.
In subsection (1), the phrase "previously subdivided and recorded" means under a recorded plat or other instrument of transfer containing a metes and bounds description if lots were created prior to the existence of applicable subdivision regulations, or under a validly approved and recorded plat if such lots were created after the existence of applicable subdivision regulations. In subsections (2) and (4), the phrase "where no street right-of-way dedication is involved" means that adequate access to such lot is provided by an approved existing street (public or private).
Subdivision, commercial, means the subdivision of an existing development on a zoning lot or recorded parcel that consists of commercial and/or office uses. Such a subdivision would create two or more individual lots plus land developed and designated for the common use and benefit of the occupants/owners of the individual commercial subdivision lots provided:
(1) That an entity is designated to be legally responsible for maintenance and control of the common land areas;
(2) That the property has an approved site plan, valid for the development, prior to application for commercial subdivision;
(3) That all parking areas, drive aisles, and open space if applicable, shall be the common land area; and
(4) The individual lots within a commercial subdivision shall not be required to meet the lot design standards of this chapter, providing the zoning lot containing the commercial subdivision meets such standards.
Minor and major subdivisions are subject to separate approval procedures.
Subdivision, major, means any subdivision creating three or more lots. There are two types of major subdivisions:
(1) Category 1. The creation of three to 20 lots. This is a two-step procedure involving planning board preliminary plat approval and administrative final plat approval.
(2) Category 2. The creation of 21 lots or more. This is a two-step procedure involving planning board preliminary plat approval and administrative final plat approval.
Subdivision, minor, means a subdivision of a parent parcel, creating three lots or less in the five years prior to submittal for review, in which:
(1) Does not involve any new dedication of public right-of-way to give access to interior lots or parcels;
(2) Does not involve the extension of public water or sanitary sewage lines;
(3) Will not limit or prevent the development of the remainder of the parcel or of adjoining property; and
(4) Will not create any new or residual parcels which do not satisfy the requirements of this article or other applicable local and state controls.
(Ord. of 7-10-2000, §§ 5.3, 5.5, 5.6; Amend. of 6-1-2009(2); Amend. of 3-7-2016; Amend. of - - )
Cross reference—Definitions generally, § 1-2.
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