5.02.1 SCOPE
According to the provisions of G.S. § 160D-801, the Town of Lillington has the authority to regulate the subdivision of land within its jurisdiction.
5.02.2 SITE PLAN & SUBDIVISION APPLICABILITY
A. Subdivision Defined
All divisions 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) and shall include all divisions of land involving the dedications of a new street or a change in existing streets.
B. Statutory Exemptions
The following are not included within the definition above, nor are they subject to the regulations of this ordinance, provided however, that any document or plat to be recorded pursuant to any such exclusion shall bear the notation: "Exempt pursuant to the Town of Lillington Unified Development Ordinance," and the signature of the Administrator before being presented for recordation.
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 Unified Development Ordinance requirements of the town.
2. The division of land into parcels greater than ten acres in size 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.
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 Unified Development Ordinance requirements of the Town of Lillington.
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.
6. Only a plat for recordation for the division of a tract or parcel of land in single ownership is required if all of the following criteria are met:
a. The tract or parcel to be divided is not otherwise exempted by Section 5.02.2.B.
b. No part of the tract or parcel to be divided has been divided under Section 5.02.2.B. in the ten years prior to division.
c. The entire area of the tract or parcel to be divided is greater than five acres.
d. After division, no more than three lots result from the division.
e. After division, all resultant lots comply with all of the following:
i. Any lot dimension size requirements of the UDO.
ii. The use of the lots is in conformity with the applicable zoning requirements.
iii. A permanent means of ingress and egress is recorded for each lot.
C. Site Plans Defined
A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes lot lines, streets, building sites, reserved open space, buildings, major landscape features, both natural and human-made, and, depending on requirements, the location of proposed utility lines.
D. Conformity Required
From and after the adoption of this ordinance, no real property lying within the jurisdiction of the Town of Lillington shall be developed or subdivided except in conformance with all applicable provisions of this ordinance. In addition, after the effective date of this ordinance, no plat for subdivision of land within the jurisdiction of this ordinance shall be certified for recording by the Administrator until it has been submitted and approved in accordance with the provisions of this article.
E. Permits Subsequent to Plat Approval and Recording
1. Building Permits
The Administrator shall not issue permits for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein.
2. Well and Septic Tank Permits
The Administrator shall not issue a permit for the installation of wells and septic tanks upon any lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein.
(Ord. passed 2-14-2017; Ord. passed 2-15-2022)