§ 155.161 DEFINITIONS.
   (A)   Meaning of common words.
      (1)   All words used in the present tense include future tense.
      (2)   All words used in the plural include the singular, and all words used in the singular include the plural.
      (3)   All words used in the masculine gender include the feminine gender.
      (4)   The words “shall” or “will” are mandatory, and the word “may” is permissive.
      (5)   The word “building” includes the word “structure.”
      (6)   The word “lot” includes the words “plot,” “parcel” and “tract.”
      (7)   The word “person” includes a “firm,” “association,” “organization,” “partnership,” “trust,” “company” or “corporation” as well as an “individual.”
   (B)   Words and terms defined. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ABUTTING PROPERTY. For public notice purposes, any lot which is physically contiguous with the lot in question, even if only at a point, and any lot which is located directly across a street or right-of-way. Also ADJOINING, ADJACENT or CONTIGUOUS.
      ACCESS EASEMENT. An easement which grants the right to cross property. See also “private access easement.”
      BALANCE AREA (WATERSHED). Area of watershed other than critical area.
      BUILDING. Any structure having a roof supported by walls or columns constructed or used for a residence, business, industry or other private or public purposes.
      BUILT UPON AREA. Built upon areas shall include that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads, recreation facilities (e.g., tennis courts), and the like. (Note: wooden slatted decks and the water area of a swimming pool are considered pervious.)
      CONSTRUCTION ASSURANCE. A financial instrument that guarantees to the county that the public improvements required to be constructed as part of an approved subdivision will either be constructed by the subdivision developer or that the county shall have sufficient funds in the form of a financial instrument to complete the required public improvements if the subdivision developer does not.
      CONSTRUCTION DRAWINGS (PLANS). Drawings showing the location, profile grades, size and type of drains, sewers, water mains, underground fire alarm ducts, underground power ducts, and underground telephone ducts, pavements, cross-section of streets, miscellaneous structures, and the like.
      CONTIGUOUS LOT. For the purposes of these regulations, a lot shall be considered to be contiguous with another lot if the lot adjoins or is coterminous with another lot at any point or line.
      COUNTY. Refers to Vance County, North Carolina.
      CRITICAL AREA (WATERSHED). The area located within 1/2 mile of and draining to water supplies as measured from the normal pool elevation of reservoirs, or 1/2 mile of and draining to a river intake.
      DEDICATION. A gift, by the owner, of his or her property to another party without any consideration being given for the transfer. The DEDICATION is made by written instrument and is completed with an acceptance.
      DEVELOPER. Any person, firm, trust, partnership, association or corporation engaged in development, or proposed development, of a subdivision.
      DEVELOPMENT. Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavations, or drilling operations or storage of equipment or materials.
      DEVELOPMENT PERMIT. A document issued by the Planning Department for an individual lot, which identifies ownership, geographical information, physical attributes (size and configuration), source of water, method of sewage disposal, road access information, existing improvements and proposed improvements. This document specifies the conditions under which proposed improvements can occur.
      DRIVEWAY. A private entrance from a road or right-of-way to a lot, building or buildings on same or abutting grounds. The DRIVEWAY itself shall not constitute the means of legal access to a lot.
      EASEMENT. A grant of 1 or more property rights, by the property owner, to, or for use by, another, the public, a corporation or other entities. The authorization of a property owner for the use by another, for a specified purpose, of any designated part of his or her property.
      ENGINEER. Professional Engineer licensed by the State of North Carolina.
      FLOODPLAIN. Area designated by FEMA as 1% (flood danger is 1 year in 100 years) and as 5% (flood danger is 1 year in 500 years).
      FRONT OR STREET SETBACK. A line parallel to the street in front of which no structure shall be erected.
      IMPERVIOUS SURFACE. A surface composed of any material that impedes or prevents natural infiltration of water into the soil.
      INTERIOR SETBACK. A setback from any property line not alongside a street.
      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. The word LOT includes PLOT, PARCEL or TRACT.
      LOT, BUILDABLE or ZONE LOT. One or more lots of record in 1 undivided ownership with sufficient total area, exclusive of easements, flood hazards, well and septic tank fields; sufficient total dimensions; and access to permit construction thereon of a principal building together with its required parking and planting yards.
      LOT(S), CONSTRAINED. A lot on which 1 or more of the following characteristics are present on over 50% of the lot:
         (a)   Slopes over 20%;
         (b)   Soils with a plasticity index greater than 48; or with rock within 3 feet of the surface; or with water table within 1 foot of surface;
         (c)   Floodway or floodplain of the FEMA 100-year flood of record;
         (d)   Wetlands; and/or
         (e)   Water Supply Watershed Protection Area.
      LOT CORNER. A lot abutting 2 or more streets at their intersection.
      LOT DEPTH. The distance measured along the perpendicular bisector of the smallest possible rectangle enclosing the lot.
      LOT OF RECORD. A lot, plot, parcel or tract recorded in the office of the Register of Deeds in conformance with the ordinance(s) in effect at the time of recordation.
      LOT(S), PARTIALLY CONSTRAINED. A lot on which 1 or more of the following characteristics are present on more than 25% of the lot but less than 50% of the lot:
         (a)   Slopes over 20%;
         (b)   Soils with plasticity index greater than 48; or with rock within 3 feet of the surface; or with water table within 1 foot of surface;
         (c)   Floodway or floodplain of the FEMA 100-year flood of record;
         (d)   Wetlands; and/or
         (e)   Water Supply Watershed Protection Area.
      LOT WIDTH. The mean width measured at right angles to its depth at the building line.
      MEMORANDUM OF UNDERSTANDING. A written document prepared by the Subdivision Administrator after the Technical Review Board makes a recommendation to the Planning Board on a Preliminary Subdivision Plat. This document shall contain a record of those modifications to the application that the applicant or the applicant’s agent has agreed to at the Technical Review Board meeting and any further approval conditions or reasons for recommending denial of the application acted upon by the Technical Review Committee.
      NET LOT AREA. The area of a lot not containing public road rights-of-way, private road rights-of-way, private or public access easements or other similar easements which do not allow use of the land for other purposes (such as the location of a house or septic drainage field, and the like).
      NEW PRIVATE ROAD. Construction of a vehicular right-of-way and street or road where no road currently exist and not intended for dedication to or maintenance by NCDOT or other appropriate public agency.
      NON-CONFORMING LOT. A lot which is now prohibited under the terms of this chapter, but was lawful at the date of this chapter’s enactment, or any amendment or revision thereto.
      OWNER. Any holder of any legal or equitable estate in the premises, whether alone or jointly with others, and whether in possession or not.
      PERSON. Includes a firm, association, organization, partnership, trust, company, limited liability company or corporation, as well as an individual.
      PLANNING BOARD. The Planning Board of Vance County.
      PLANNING DEPARTMENT. The Planning Department of Vance County.
      PLOT PLAN. A plan of an individual lot, prepared to a scale (1 inch = 40 feet through 1 inch = 100 feet), showing the following information accurately with dimensioning:
         (a)   The boundaries of a site;
         (b)   Minimum building setback lines;
         (c)   The location of all buildings, structures and uses;
         (d)   The location of proposed driveways and on-site vehicle storage and turnaround facilities; and
         (e)   The proposed location any wells and septic fields including primary repair/replacement fields.
      PRINCIPAL BUILDING or PRINCIPAL STRUCTURE. A building or structure in which is conducted the principal use of the lot on which it is located. Any dwelling is considered a PRINCIPAL BUILDING.
      PRIVATE ACCESS EASEMENT. A vehicular right-of-way granted and recorded with the Register of Deeds providing for permanent ingress and egress across 1 lot to another on which the owner(s) of the property containing the easement shall not erect any temporary or permanent structures other than those structures necessary for management of storm water drainage.
      PRIVATE ROAD. A vehicular right-of-way and street or road not intended for dedication to or maintenance by NCDOT or other appropriate public agency.
      PROTECTED AREA (WATERSHED). The area located within 5 miles and draining to water supplies as measured from the normal pool elevation of reservoirs, or 10 miles upstream of and draining to a river intake. However, in some cases, the PROTECTED AREA can encompass the entire drainage area.
      PUBLIC ROAD. A dedicated public right-of-way for vehicular traffic which has been accepted by NCDOT for maintenance, or is not yet accepted, but in which the roadway design and construction have been approved under public standards for vehicular traffic. Alleys are specifically excluded.
      PUBLIC SEWER. A system which provides for the collection and treatment of sanitary sewage from more than 1 property and is owned and operated by a government organization or sanitary district.
      PUBLIC WATER. A system which provides distribution of potable water for more than property and is owned and operated by a government organization or utility district.
      REAR SETBACK. A setback from an interior property line lying on the opposite side of the lot from the front or street setback.
      REGISTER OF DEEDS. Vance County Register of Deeds.
      RESERVATION. Reservation of land does not involve any transfer of property rights. It constitutes an obligation to keep property free from development for a stated period of time.
      RE-SUBDIVISION. The division of an existing subdivision or any change of lot size therein or the relocation of any street or lot in a subdivision.
      RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a travelway for vehicles and also available, with the consent of the appropriate governmental agency, for installation and maintenance of sidewalks, traffic control devices, traffic signs, street name signs, historical marker signs, water lines, sanitary sewer lines, storm sewer lines, gas lines, power lines and communication lines.
      ROAD/STREET. For the purposes of this chapter, the words ROAD and STREET shall have the same meaning and are interchangeable.
      SETBACK. The horizontal distance between a structure or activity and a property line, road right-of-way line or road centerline should the centerline of a road right-of-way be used to measure minimum required setbacks.
      SIDE SETBACK. Any interior property line setback other than a rear setback.
      SHALL. When used in this chapter, it is intended to indicate a mandatory requirement.
      SIGHT DISTANCE EASEMENT. An easement which grants to the appropriate government body or agency the right to maintain unobstructed view across property located at a street or lane intersection.
      SLOPE. An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance, commonly expressed as “two to one” (2:1).
      SOIL SCIENTIST. A person who practices soil science and is licensed in accordance with the North Carolina General Statutes.
      SOLID WASTE. Garbage, refuse and other discarded solid materials.
      STRUCTURE. Anything constructed, erected or placed.
      SUBDIVIDER. Any person, firm, corporation or official agent thereof, who subdivides or develops any land deemed to be a subdivision.
      SUBDIVISION. For purposes of this chapter, the term SUBDIVISION shall mean the division 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 a change in existing streets; however, the following are not included within this definition and are not subject to any subdivision approval regulations in this chapter:
         (a)   The combination or recombination of a portion of previously subdivided and recorded lots if the total number of lots is not increased, and the resultant lots are equal to or exceed the standards of this chapter;
         (b)   The division of land into parcels greater than 10 acres if not 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, the entire area of which is not 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 this chapter.
      SUBDIVISION ADMINISTRATOR. The Vance County Planning Director.
      SUBDIVISION, MAJOR. Any subdivision other than a minor subdivision, including all subdivisions of land for which a non-residential use is proposed.
      SUBDIVISION, MINOR. A subdivision pursuant to this chapter to be used only for single-family detached residential uses where the lots may have access to an existing public road, or an existing private road, or a proposed Class 1 Private Road, or a proposed Class 2 Private Road (accessed by 7 or fewer lots), or a private access easement (accessed by 4 or fewer lots) (see definition of “private road” and “private access easement” and this chapter for standards) and where the proposed subdivision does not:
         (a)   Create more than 7 lots (6 new lots) from any 1 tract of land, whether the lots are created at 1 time or over an extended period of time, regardless of changes in ownership;
         (b)   Dedicate or improve any new public roads;
         (c)   Adversely affect the development potential of the remainder of the parcel or of adjoining property by virtue of unreasonably limiting access or limiting adequate drainage;
         (d)   Preclude reasonable access to the remainder of the tract of land being subdivided via the future use of a 60 feet wide public or private street (25 feet if 60 feet is not available);
         (e)   Preclude safe public or private road access to adjoining tracts of land; and
         (f)   Propose lots entirely or substantially located in a flood hazard area as defined by Chapter 153.
      SUBDIVISION PLAT, FINAL. The final drawings on which a plan of subdivision is presented to the Vance County Planning Board for approval and which, if approved, shall be filed for recording with the Vance County Register of Deeds. The fully executed, signed final plat shall be filed in Register of Deeds office within 60 days of the date of approval in order to retain approval status.
      SUBDIVISION PLAT, MINOR. The drawings on which a plan of a minor subdivision is presented to the Vance County Planning Board for approval and which, if approved, shall be filed for recording with the Vance County Register of Deeds.
      SUBDIVISION PLAT, PRELIMINARY. The preliminary drawings indicating all existing conditions relating to a site and a plan prepared in accordance this chapter. Sufficient detail and sufficient accuracy shall be used in the preparation of the plan of the existing physical characteristics of the project property, the proposed changes in those characteristics, or proposed uses of the project property to enable a full and comprehensive review of the proposed development and the proposed layout of the subdivision to be submitted to the Planning Board for its consideration.
      THOROUGHFARE PLAN FOR VANCE COUNTY. A systematic study of the Thoroughfare Road System in Vance County which identifies existing and future deficiencies in the road system and identifies the need for any new facilities. These needs and deficiencies are then brought forward as projects to be placed before the North Carolina Department of Transportation for funding consideration. If the deficiency or need is recognized as a priority it will be included in the 5-year Transportation Improvement Plan and scheduled for state funding. Projects not identified in the Thoroughfare Plan are not considered for funding.
      TRACT OR PARCEL OF LAND. All contiguous land and bodies of water in 1 ownership, or contiguous land and bodies of water in diverse ownership, being developed as a unit, although not necessarily all at 1 time.
      USE. The purpose or activity for which land or structures is designed, arranged or intended, or for which land or structures are occupied or maintained.
      UTILITY EASEMENT. An easement that grants the governing body or other utility providers the right to install and thereafter maintain any and all utilities including, but not limited to, water lines, sewer lines, septic tank drain fields, storm sewer lines, electrical power lines, telephone lines, natural gas lines and community antenna television systems.
      VANCE COUNTY PUBLIC AND PRIVATE ROAD SYSTEM; FUNCTIONAL CLASSIFICATION. The following are functional classifications used to determine design speed, right-of-way width, sight distance, access policy and other design and development criteria:
         (a)   Interstate highways (I-85);
         (b)   Major thoroughfares, including the following categories:
            1.   Arterial roads:
               a.   Principal arterial - serves primarily substantial statewide or interstate travel. This system consists of all non-interstate principal arterial roads (typical speeds of 55 mph or higher); and
               b.   Minor arterial - serves primarily through traffic movements in the county (typical speeds of 45 to 55 mph).
            2.   Collector roads:
               a.   Major collector - serves primarily intra-county travel. The major collectors
supplement the arterial system by providing an interconnecting network between smaller population centers and the arterial system (typical speeds of 45 to 55 mph);
               b.   Minor collector - collects traffic from local roads and brings all developed areas within reasonable distance of a collector road (typical speeds of 45 to 55 mph); and
               c.   Unclassified collectors - all major or minor collectors that have not yet been assigned a functional classification (typical speeds of 45 to 55 mph).
         (c)   Minor thoroughfares; local roads:
            1.   Residential subdivision road - a road which serves primarily to provide access to abutting property, over relatively short distances (typical speeds of 25 to 30 mph);
            2.   Residential collector road - a road which serves as the connecting system between local residential subdivision roads and collectors, but which also may provide direct access to abutting properties (typical speeds of 25 to 35 mph); and
            3.   Subdivision access road - a road built through vacant property to provide access to a subdivision. This road would not have lots platted along it (see this chapter for application).
      WAIVER. Permission to depart from the literal requirements of this chapter, when, in the opinion of the Planning Board, the literal application of the requirements of this chapter create an undue hardship on the owner of the property and where the public health, safety and welfare interest of the public can be served as well or better by alternative means.
      WATERSHED. The entire land area contributing surface drainage to specific point (e.g., the water supply intake.)
(Ord. passed 6-7-2004, § 702)