For the purpose of this article, “subdivision” shall mean 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 dedication of a new street or a change in existing streets.
(A) Exemptions. The following exemptions shall not be included within this definition nor be subject to any regulations enacted pursuant to this article, however, all lots created under these exemptions must be in compliance with the CAMA Land Use Plan and meet the impervious limits, minimum area, lot width and setback standards of the Unified Development Ordinance. Any document or plat to be recorded pursuant to such exclusions shall have the proper notation of “no approval required” and the signature of the Planning Director, before filing with the County Register of Deeds:
(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 municipality as shown in this article;
(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; and
(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 municipality as shown in this article.
(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) (a) Family division. The division of land by any method of transfer from a grantor to a grantee (or grantees) who is a member of the grantor's immediate family, solely for the residential use of the grantee (or grantees). For the purposes of this section, the term "immediate family" shall include only direct lineal descendants (children and grandchildren) and direct lineal ascendants (father, mother, grandfather and grandmother). The following is a list of requirements/statements that must be submitted with an exempt plat for a subdivision of property for family purposes:
1. A plat listing the names of the family members and identifying which lots are to be conveyed to each with a statement that “the lot(s) shown are created for the purpose of family ownership”;
2. Where lots are not adjacent in a public street, a note on the plat stating that the lot is benefited by a permanent easement for access and utilities;
3. The following note shall appear on the plat: “No additional lots, including the resubdivision of the lots served by the access easement and utility, shall be permitted unless the access and utility easement is upgraded to meet or exceed the standards of the Unified Development Ordinance”;
4. A note stating that the property owners are responsible for the upkeep and maintenance of the access and utility easement shall be placed on the plat; and
5. A septic permit or letter of sewer availability shall be required for each lot to be created or a statement shall be placed on the plat that the property is being conveyed as forestland or farmland.
(b) Divisions (A)(6)(a)2. through (A)(6)(a)4. only apply only when the lot(s) created do not have direct access to a public street.
(B) The town may provide for expedited review of specified classes of subdivisions.
(C) The town may require only a plat for recordation for the division of a tract or parcel of land in single ownership if all the following criteria are met:
(1) The tract or parcel to be divided is not exempted under this section;
(2) No part of the tract or parcel to be divided has been divided under this article 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; and
(5) After division, all resultant lots comply with all of the following:
(a) Any lot dimension size requirements of the zoning, subdivision, and other development regulations of the Unified Development Ordinance and the CAMA Land Use Plan;
(b) The use of the lots is in conformity with the applicable zoning requirements of the Unified Development Ordinance and the CAMA Land Use Plan; and
(c) A permanent means of ingress and egress is recorded for each lot.
(Ord. passed 11-2-2011; Ord. 18-03, passed 5-3-2018)