(A) “Subdivision” defined. For the purpose of this chapter, SUBDIVISION shall have the meaning and exemptions as set forth in G.S. § 153A-335, as amended, recodified or replaced.
Note: for ease of reference for our citizens, the following is the current statutory definition. Please verify the current definition before proceeding with any activity which may be controlled herein.
SUBDIVISION.
(a) All divisions of a tract or parcel of land into 2 or more lots, building sites or other divisions for the purpose of sale or building development whether immediate or future and includes all division of land involving the dedication of a new street or change in existing streets; however, the following is not included within this definition and are not subject to any regulations enacted pursuant to this to this chapter.
(b) Exemptions:
1. The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and resultant lots are equal to or exceed the standards of the county as shown in its subdivision regulations;
2. The division of land into parcels greater than 10 acres if no street right-of-way dedication is involved;
3. The public acquisition by purchase of strips of land for widening or opening streets; and
4. The division of a tract into single ownership where the entire area is no greater than 2 acres, into not more than 3 lots, if no street right-of-way dedication is involved and if the resultant lots are equal to or exceed the standards of the county as shown by this chapter.
(B) Certification of exemption. In accordance with state law, no map or plat showing a division of land within Vance County's planning jurisdiction may be recorded with the Register of Deeds unless it has been certified that the map or plat is approved in accordance with this chapter or is exempt and is signed by the Subdivision Administrator.
(C) Exemption ruling appeal. If the owner of the property or authorized agent does not agree with any exemption ruling, he or she may appeal the decisions to the Planning Board. The appeal shall be submitted to the Planning Department subject to filing deadlines, to be reviewed at the next regular meeting of the Planning Board. Division of lands exempted from this chapter shall have affixed to the final plat the certificate of exemption found in the subdivision policy and procedures document and must be signed by the planning director prior to recordation.
(D) Classification of subdivision.
(1) Minor subdivision.
(a) 1. A subdivision pursuant to this chapter to be used only for single-family detached residential uses and where the lots may have access to: an existing public or private road; or a proposed Class 1 or 2 private road; or a private access easement with access to no more than 4 lots in accordance with § 155.072(I); and
2. Where the proposed subdivision does not:
a. Create more than 7 lots, including the parent tract (not limited by time and/or ownership);
b. Dedicate or improve any new public roads;
c. Adversely affect the development potential of the remaining or adjoining properties;
d. Preclude reasonable and safe access to the adjoining or remainder of the tract of land being subdivided via the future use of a 60-foot wide public or private street (25 feet if 60 feet is not available); and
e. Propose lots entirely or substantially located in a flood hazard area as defined by Chapter 153.
(2) Major subdivision. Any subdivision other than a minor subdivision, including all subdivisions of land for which a non-residential use is proposed regardless of size. All major subdivisions shall be in compliance with §§ 155.090 et seq. and 155.125 et seq. and all other applicable sections of this chapter.
(Ord. passed 6-7-2004, § 201; Am. Ord. passed 7-2-2018)