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(A) The purpose of this chapter is to promote the public health, safety and general welfare by providing for the orderly subdivision of land in the community.
(B) Among other reasons, this chapter is deemed necessary to:
(1) Assure the appropriate layout and use of the land;
(2) Provide safe, convenient and economic circulation of vehicular traffic;
(3) Provide for the dedication of reservation of street right-of-way, utility easements and public facility;
(4) Assure the proper installation of streets and utilities;
(5) Avoid undue concentrations of populations; and
(6) Ensure proper description, identification monumentation and recordation of property boundaries.
(Ord. passed 1-2-1990)
(A) Authority. The enactment of this chapter is authorized under provisions pursuant to G.S. Ch. 160A, Art. 18.
(B) Jurisdiction. This chapter shall govern the platting and recording of any subdivision of land lying within the town and its extraterritorial planning jurisdiction.
(Ord. passed 1-2-1990)
(A) Application of chapter.
(1) This chapter is applicable to all divisions of a tract or parcel of land into two or more lots, building sites or other divisions, for the purpose, whether immediate or future, of sale, or building development, and shall include all divisions of land involving the dedication of a new street or a change in existing streets.
(2) No lot or plat (except as provided by division (B) below) within the town's subdivision jurisdiction shall be transferred, nor shall a plat of record thereof be recorded by the County Register of Deeds until a final plat of the subdivision has been submitted to and approved by the Planning Board. The approval shall be indicated on the fact of the plat and signed by the Planning Board Chairperson. (See § 154.24 for certification form.)
(3) The Register of Deeds shall not file a plat of record of any subdivision of land within the town's jurisdiction nor shall the Clerk of Superior Court order the recording without the required certification and signature of the Planning Board Chairperson.
(B) Exceptions.
(1) The following shall not be included nor be subject to the regulations prescribed by this chapter:
(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 described herein;
(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;
(d) The division of a tract in single ownership the entire area of which 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 this chapter; and/or
(e) The division of property among heirs for the sole purpose of settling an estate.
(2) Plats not subject to the provision of this chapter, may be recorded provided the owner desiring to record the plats shall obtain certification of exemption (see § 154.24) from the Planning Board Chairperson and shall present the certification to the Register of Deeds as proof that one of the conditions of exception noted above is present.
(C) Plat approval not to constitute acceptance of street or public utility. The approval of a plat pursuant to this chapter shall not be deemed to constitute or affect the acceptance by the town or the public of the dedication of any street or other ground, public utility line or other public facility shown on the plat.
(D) Approval required for building permit. No building permit shall be issued for the erection of any building on any lot within a subdivision unless a final plat of the subdivision has been approved as required by this chapter or a certificate of exemption obtained; provided that, this shall not apply to any subdivision recorded by the Register of Deeds prior to the effective date of this chapter.
(E) Variances due to site conditions. Where the subdivider can show that a provision of these requirements would cause unnecessary hardship, if strictly adhered to due to topographical or other conditions peculiar to the site, the Board may approve a variance when it finds that the variance may be granted without destroying the intent of this chapter. Any variance thus recommended by the Board shall be noted in the minutes of the meeting at which the variance is granted and the notation shall include the reasons for the variance.
(F) Effective date. This chapter shall take effect and be in force from and after 1-2-1990 and as subsequently amended by the Town Council.
(G) Amendment procedure. This chapter may be amended or revised from time to time by the Town Board as provided by G.S. Ch. 160A, but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Planning Board for review and recommendation. If the Planning Board fails to provide a recommendation within 45 days of submission to the Board, it shall be deemed to have favorably recommended the amendment.
(H) State platting and disclosure statement requirement. All subdividers planning to sell lots not plated and recorded prior to (effective date) are advised to consult G.S. § 136-102.6, "Compliance of Subdivision Streets with Minimum Standards of the Board of Transportation", which requires that all new streets, whether public or private, and all changes in streets be platted. G.S. § 136-102.6 also requires the subdivider to furnish to each lot purchaser a subdivision streets disclosure statement revealing the status of new streets, whether or not they are constructed to State Department of Transportation standards, and who will bear maintenance responsibility for the streets. No provision of this chapter or of any other local ordinance shall exempt a division of land from the provision of G.S. § 136-102.6.
(Ord. passed 1-2-1990)
(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING SETBACK LINE. A line parallel to the front property line in front of which no structure shall be erected.
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.
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.
OFFICIAL MAPS OR PLANS. Any maps or plans officially adopted by the Town Council as a guide to the development of the town.
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.
PUBLIC SEWAGE DISPOSAL SYSTEM. A system serving two or more dwelling units. Package treatment plants are included in this definition.
PUBLIC WATER SUPPLY. Any water supply furnishing potable water to two or more residences or businesses or a combination of residences or businesses.
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.
STREET.
(a) A dedication and accepted public right-of-way for vehicular traffic. The following classifications shall apply.
1. LOCAL ROAD. A local road serves primarily to provide access to adjacent land and for travel over relatively short distances.
2. MAJOR COLLECTOR. A road which serves major inter-county travel corridors and traffic generators and provides access to the arterial system.
3. MINOR ARTERIAL. A rural link in a network joining cities and larger towns and providing intrastate and intercounty service at relatively high (55 mph) overall travel speeds with minimum interference to through movement. This network would primarily serve through traffic.
4. MINOR COLLECTOR. A road which provides service to small local communities and links the locally important traffic generators with their rural hinterland.
5. PRINCIPAL ARTERIAL. A rural link in a network of continuous routes serving corridor movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel and existing solely to serve traffic. This network would consist of interstate routes and other routes designated as PRINCIPAL ARTERIALS.
(b) Specific type of streets.
1. CUL-DE-SAC. A cul-de-sac is a short street having but one end open to traffic and the other end being permanently terminated and a vehicular turn around provided.
2. FRONTAGE STREET. A local street or road that is parallel to a full or partial access controlled facility and functions to provide access to adjacent land.
SUBDIVIDER. Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision, as herein defined.
SUBDIVISION. 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 division 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 established herein:
(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 municipality 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;
(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 Chapter 156 of this code; and
(e) The division of property among heirs for the sole purpose of settling an estate.
(B) 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 the future tense and the future tense includes the present tense.
(4) The singular includes the plural and the plural includes the singular.
(Ord. passed 1-2-1990)
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