(A)
Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this section shall have the meanings herein set forth when used in this chapter. If a word or phrase used in this chapter is not defined by this section or elsewhere in this chapter, to the extent such word or phrase is defined in G.S. Ch. 160D, that definition shall control.
BLOCK. A piece of land bounded on one or more sides by streets or roads.
BUILDING SETBACK LINE. A line parallel to the front property line in front of which no structure shall be erected. Setbacks shall be figured from the right-of-way line.
DEDICATION. A gift, by the owner, of a right to use of land for a specified purpose or purposes. Because a transfer of property rights is entailed, DEDICATION must be made by written instrument, and is completed with an acceptance.
EASEMENT. A grant by the property owner of a strip of land for a specified purpose and use by the public, a corporation or persons.
ENGINEER. Any person currently registered to practice professional engineering by the State Board of Registration for Professional Engineers.
FREEWAY, EXPRESSWAY or PARKWAY. Divided multi-lane roadway designed to carry large volumes of traffic at relatively high speeds. A FREEWAY is a divided highway providing for continuous flow of vehicles with no direct access to abutting property or streets and with access to selected crossroads provided via connecting ramps. An EXPRESSWAY is a divided highway with full or partial control of access and generally with grade separations at major intersections. A PARKWAY is a highway for non-commercial traffic, with full or partial control of access, and usually located within a park or a ribbon of park-like development.
FRONTAGE ROAD. A local street or road that is parallel to a full or partial access controlled facility and functions to provide access to adjacent land.
HALF-STREET. A street whose centerline coincides with a subdivision plat boundary, with one-half the street right-of-way width being contained within the subdivision plat. Also, any existing street to which the parcel of land to be subdivided abuts on only one side.
LOCAL RESIDENTIAL STREET. Cul-de-sacs, loop streets less than 2,500 feet in length, or streets less than one mile in length that do not connect thoroughfares, or serve major traffic generators, and do not collect traffic from more than 100 dwelling units.
LOT. A portion of a subdivision, or any other parcel of land, intended as a unit of transfer of ownership or for development or both.
LOT OF RECORD. A lot which is part of a subdivision, a plat of which has been recorded in the Office of Register of Deeds of the county prior to the adoption of this chapter, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this chapter.
LOT TYPES.
(a) CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a CORNER LOT if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
(b) DOUBLE FRONTAGE LOT. A continuous (through) lot which is accessible from both streets upon which it fronts.
(c) INTERIOR LOT. A lot other than a corner lot with only one frontage on more than one street.
(d) REVERSED FRONTAGE LOT. A lot on which the frontage is at right angles or approximately right angles (interior angles less than 135 degrees) to the general pattern in the area. A REVERSED FRONTAGE LOT may also be a corner lot, an interior lot or a through lot.
(e) SINGLE-TIER LOT. A lot which backs upon a limited access highway, a railroad, a physical barrier or another type of land use and to which access from the rear is usually prohibited.
(f) THROUGH LOT or DOUBLE FRONTAGE LOT. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as DOUBLE FRONTAGE LOTS.
OFFICIAL MAPS OR PLANS. Any maps or plans officially adopted by the Town Board.
OPEN SPACE. An area (land and/or water) generally lacking in human-made structures and reserved for enjoyment in its unaltered state.
PLAT. A map or plan of a parcel of land which is to be, or has been subdivided.
PLANNING BOARD. The Planning Board of the Town of Richlands established pursuant to G.S. § 160D-301.
PRIVATE DRIVEWAY. A roadway serving two or fewer lots, building sites or other division of land and not intended to be public ingress or egress.
PRIVATE STREET. An undedicated private right-of-way which affords access to abutting properties and requires a subdivision streets disclosure statement in accordance with G.S. § 136-102.6.
PUBLIC OR COMMUNITY SEWAGE SYSTEM. An approved sewage disposal system serving two or more connections including private, municipal and sanitary district sewage systems designated to serve particular subdivisions at full development and constructed to specifications of the County Health Department in consultation with the State Department of Environment and Natural Resources.
PUBLIC WATER SYSTEM. An approved water supply system serving 15 or more connections including county, municipal and sanitary district water systems designated to serve particular subdivisions at full development and constructed to specifications of the County Health Department in consultation with the State Department of Environment and Natural Resources.
RESERVATION. A reservation of land does not involve any transfer of property rights. It simply constitutes an obligation to keep property free from development for a stated period of time.
SEPTIC TANK SYSTEM. A ground absorption sewage treatment and disposal system consisting of a septic tank and a nitrification field, necessary pipe lines, conduits, pump stations and other appurtenances required for proper collection, distribution, treatment, disposal, operation and performance, or any other system approved by the County Health Department.
SIDEWALK. A four-foot wide paved strip of concrete or similar aggregate material which is to be located no less than two feet (24 inches) from the curb.
STREET. A dedicated and accepted public right-of-way for vehicular traffic (or a private road only if permitted by this chapter). The following classifications shall apply:
(a) SPECIFIC TYPE RURAL OR URBAN STREETS.
1. ALLEY. A strip of land, owned publicly or privately, set aside primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
2. CUL-DE-SAC. A short street having but one end open to traffic and the other end being permanently terminated and a vehicular turnaround provided.
3. RESIDENTIAL COLLECTOR STREET. A local access street which serves as a connector street between local residential streets and the thoroughfare system. RESIDENTIAL COLLECTOR STREETS typically collect traffic from 100 to 400 dwelling units.
4. RURAL STREET. A street which is designed to carry traffic in rural areas. These streets are designed to carry traffic from rural areas into the town and from the town into the surrounding rural areas. RURAL STREETS to be located within the town's planning jurisdiction will be required to have curb and gutter.
(b) URBAN STREETS.
1. LOCAL STREET. Any link not part of a higher-order urban system which serves primarily to provide direct access to abutting land and access to higher systems.
2. MAJOR THOROUGHFARES. Consist of interstate, other freeway and expressway links and major streets that provide for the expeditious movement of volumes of traffic within and through urban areas.
3. MINOR THOROUGHFARES. Important streets in the urban system and perform the function of collecting traffic from local access streets and carrying it to the major thoroughfare system by facilitating a minor through traffic movement and may also abutting property.
SUBDIVIDER. A person, including a governmental agency or redevelopment authority, who undertakes any subdivision of land and who is the landowner of the property to be subdivided or who has been authorized by the landowner to undertake such subdivision of that property.
SUBDIVISION. Any division of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions is created 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; but the following shall not be included within this definition nor be subject to the regulations authorized by this chapter:
(a) 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 town as shown in this chapter;
(b) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;
(c) The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors;
(d) 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 town, as shown in this chapter;
(e) 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. Ch. 29.
SURVEYOR. A licensed surveyor in the State of North Carolina.
TOWN BOARD. The Board of Aldermen of the Town of Richlands.
(B) G.S. Ch. 160D is applicable to this chapter. In the event of any conflict between this chapter and G.S. Ch. 160D, the provisions of G.S. Ch. 160D shall control.
(1) The words "written" or "in writing" are deemed to include electronic documentation.
(2) Unless specified otherwise, in the absence of evidence to the contrary, delivery by first-class mail shall be deemed received on the third business day following deposit of the item for mailing with the United States Postal Service, and delivery by electronic mail shall be deemed received on the date sent.
(3) Words used in the present tense include the future tense.
(4) Words used in the singular number include the plural and words used in the plural number include the singular, unless the natural construction of the wording indicates otherwise.
(5) The word "person" includes a firm, association, corporation, trust and company as well as an individual.
(6) The word "use for" shall include the meaning "designed for". The word "structure" shall include the word "building". The word "lot" shall include the words "plot", "parcel" or "tract". The word "shall" is always mandatory and not merely directory.
(Ord. passed 11-21-2000; Ord. 2021-03, passed 6-8-2021)