(A)
For the division of a tract or parcel of land in single ownership, if all of the following criteria are met a plat of the tract or parcel of land which is to be or has been divided shall be recorded in the office of the Register of Deeds of Cherokee County, North Carolina, which shall meet the requirements of G.S. §47-30 but which shall not be required to meet the other requirements of this chapter, to wit:
(1) The tract or parcel to be divided is not exempted under the definition of SUBDIVISION in § 152.10.
(2) No part of the tract or parcel to be divided has been divided under this division in the ten years prior to division.
(3) The entire area of the tract or parcel to be divided is greater than five acres.
(4) After division, no more than three lots result from the division.
(5) After division, all resultant lots comply with all of the following:
(a) Any lot dimension size requirements of the applicable land-use regulations, if any;
(b) The use of the lots is in conformity with the applicable zoning requirements; and
(c) A permanent means of ingress and egress is recorded for each lot.
(B) Except as provided in division (A) above, after the effective date of this chapter, no subdivision plat of land within the town's jurisdiction shall be filed or recorded until it has been submitted to and approved by the Subdivision Administrator as set forth in § 152.05, and until this approval is entered in writing on the face of the plat by the Subdivision Administrator.
(C) Except as provided in division(A) above, the Register of Deeds shall not file or record a plat of a subdivision of land located within the territorial jurisdiction of the town that has not been approved in accordance with these provisions, nor shall the Clerk of Superior Court order or direct the recording of a plat if the recording would be in conflict with this section.
(Ord. passed 9-19-1985; Am. Ord. passed 10-7-2019; Am. Ord. passed 6-7-2021)