For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(A) Subdivision.
(1) Generally. For the purpose of this chapter, the term 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; provided that the following shall not be included within this definition nor be subject to the regulations established herein.
(2) Exemptions.
(a) The combination or recombination of portions of previously platted 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 its subdivision regulations;
(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; and
(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.
(3) Interpretation. In interpretation of division (A)(2)(a) above, the term PREVIOUSLY PLATTED shall mean platted, approved and recorded, if such lots were created in accordance with subdivision regulations in effect at the time of their creation, or created as a result of a recorded land division prior to existence of applicable subdivision regulations. In interpretation of division (A)(2)(b) above, the phrase WHERE NO STREET RIGHT-OF-WAY DEDICATION IS INVOLVED shall be construed as meaning that any such parcel shall be served by an existing street which has been accepted for dedication and maintenance by the town or the State Department of Transportation.
(1979 Code, § S-2-1)
(B) Minor subdivision. For purposes of these regulations, a MINOR SUBDIVISION is defined as a subdivision:
(1) Involving not more than five lots fronting on an existing approved street;
(2) Not involving any new street or prospectively requiring any new street for access to interior property;
(3) Not requiring extension of public sewage or water lines or creation of new drainage easements through lots to serve property at the rear;
(4) Not adversely affecting the development of the remainder of the parcel or of adjoining property; and
(5) Creating no new or residual parcels not conforming to the requirements of these regulations.
(1979 Code, § S-2-2)
(C) Additional definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS CORRIDORS. A strip of land lying between the side lot boundary lines of lake or river front lots offering access to lots at least one lot depth away from the water’s edge.
ACCESS STREETS. A platted street designed for the purpose of giving access to adjacent property owners.
ALLEY. A minor right-of-way privately or publicly owned, primarily for service access to the back or side of properties.
BUFFER. A buffer as required by certain sections of these regulations shall be one of or equal to one of the following:
(a) A six-foot high wood, basket-weave type fence;
(b) A six-foot high solid picket type fence with the pickets being placed facing the adjoining property;
(c) A six-foot high chain link type fence with panel inserts;
(d) A six-foot high, open type fence with evergreen vegetation planted facing the adjoining property and completely blocking the view from one area to another; or
(e) A six-foot high solid masonry wall.
BUILDING. Includes the word STRUCTURE.
BUILDING SETBACK LINE. A line parallel to the front property line in front of which no structure shall be erected.
CLERK OF SUPERIOR COURT. Clerk of Superior Court of Burke County, North Carolina.
DEDICATION. A gift, by the owner, of his or her property to another party without any consideration being given for the transfer. Since a transfer of property is involved, the DEDICATION is made by written instrument and is completed with an acceptance.
DOUBLE FRONTAGE LOT. A continuous (through) lot which is accessible from both streets upon which it fronts.
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.
HILLSIDE SUBDIVISION. Land proposed to be subdivided which has a slope of 16% or greater; that is, an average difference is elevation of at least 16 feet in a horizontal distance of 100 feet. The average shall be obtained from at least 15 measurements, each 20 feet from the next.
LOT. A portion of a subdivision, or any other parcel of land, intended as a unit for transfer of ownership or for development or both. This word may also include the words PLOT, PARCEL, TRACT or SITE.
LOT FRONT. A portion of the lot adjacent to the street. In the case of lots which abut a stream, lake or pond, the LOT FRONT is considered to be the part of the lot which abuts the water.
OFFICIAL MAPS OR PLANS. Any maps or plans endorsed by the Town Council as a guide to the development of the town.
ORDINANCE or REGULATION. This chapter/the Subdivision Ordinance for Rutherford College, North Carolina.
PLANNING BOARD. The Planning Board of Rutherford College, North Carolina.
PLAT. A map or plan of a parcel of land which is to be or has been subdivided.
PRIVATE DRIVE WAY. A roadway serving two or fewer lots, building sites or other division of land and not intended to be public ingress or egress.
PRIVATE STREETS. A street intended to be for private ingress or egress, or to serve a large development under one ownership, such as in a large industrial park or within a planned unit development.
RECREATION AREA or PARK. An area of land or combination of land and water resources that is developed for active and/or passive recreation pursuant with various human-made features that accommodate such activities.
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.
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.
STAFF PLANNER. The Planner for Rutherford College, North Carolina, or his or her designated agent.
STREET. A dedicated and accepted public right-of-way for vehicular traffic. The following classifications shall apply.
(a) ARTERIALS. This thoroughfare category includes those streets and highways which carry large volumes of traffic at moderate speeds through and within the town. These thoroughfares provide access to major commercial, industrial and public traffic generators.
(b) CUL-DE-SAC. A short local street having but one end open to traffic and the other end being permanently terminated and a vehicular turn-around provided.
(c) LOCAL STREETS. The local street system comprises all facilities not in one of the higher systems. It serves primarily to provide direct access to abutting land and access to the higher order system.
(d) MAJOR COLLECTOR STREETS. As the name indicates, traffic from local streets is collected by these thoroughfares and carried to arterial streets. While also serving as connectors between arterials, these streets perform an additional function of providing access to abutting properties. Smaller volumes of traffic are carried on these streets and speeds are lower.
SUBDIVIDER. Any person, firm, organization or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.
TOWN COUNCIL. The Town Council of Rutherford College, North Carolina.
TOWN ENGINEER. The engineer for Rutherford College, North Carolina, or his or her designated agent.
(1979 Code, § S-2-3)
(D) Word interpretation. For the purpose of this chapter, certain words shall be interpreted as follows.
(1) The word MAY is permissive.
(2) The words SHALL and WILL are mandatory.
(3) The present tense includes in the future tense and the future tense includes the present tense.
(4) The singular includes the plural and the plural includes the singular.
(1979 Code, § S-2-4)
(Ord. passed 6- -1987)