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§ 155.006  APPLICATION OF CHAPTER.
   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.
(Ord. passed 1-4-2000)
§ 155.007  EXEMPTIONS.
   The following shall not be included nor be subject to the regulations prescribed by this chapter:*
   (A)   The division of a lot from an original tract provided the new lots conform to the standards of the town zoning regulations. The number of divisions out of the original tract shall be limited to one per 12-month period. Should additional divisions be requested, the subdivision procedure shall apply;
   (B)   * Access to new lots shall provide a minimum 50-foot easement or the minimum right-of-way required by NCDOT for new roads; and
   (C)   For additional exempt subdivisions see § 155.020.
(Ord. passed 1-4-2000)
§ 155.008  PREREQUISITE FOR PLAT RECORDATION.
   After the effective date of this chapter, each individual subdivision of land within the community’s planning jurisdiction shall comply with the requirements specified in this chapter before any lots can be sold.
(Ord. passed 1-4-2000)
§ 155.009  REMOVAL OF RUBBISH.
   (A)   The subdivider shall remove or bury all cut or fallen trees, stumps or rubbish from the subdivision.
   (B)   Any burial site under two acres in size shall require a land clearing and inert debris landfill permit from the State Department of Environment, Health and Natural Resources, Division of Solid Waste Management.
   (C)   If over two acres in size, a demolition landfill permit shall be required from the same agency.
   (D)   Under no conditions shall a burial site be located directly under a building although it may be located on the same lot as a building. (All burial sites shall be shown on the final plat.)
(Ord. passed 1-4-2000)
DEFINITIONS
§ 155.020  SUBDIVISION DEFINED.
   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   MAJOR SUBDIVISION. Includes all subdivisions that are not classified as minor subdivisions and are not classified as an exempt subdivision.
   MINOR SUBDIVISION. Include all subdivisions that:
      (1)   Front an existing public, state or locally maintained road; and
      (2)   Contain six lots or less.
   SUBDIVISION.
      (1)   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 includes all division of land involving the dedication of a new street or a change in existing streets; however, the following is not included within this definition and is not subject to any regulations enacted pursuant to this chapter.
      (2)   Exemptions:
         (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 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 not 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 property among heirs for the sole purpose of settling an estate. (This exemption does not relieve the property owner from this or any other ordinance or regulations of the town); and
         (f)   The division of gravesites within a cemetery.
(Ord. passed 1-4-2000)
§ 155.021  OTHER DEFINITIONS.
   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   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.
   BUFFER STRIP. Provides a visual barrier between incompatible land uses. An undisturbed natural area may be used if it provides an effective screen. When a buffer is planted, it shall consist of deciduous or evergreen trees, spaced not more than ten feet apart, planted so that one tree is offset from the next one, and not less than one row of dense shrubs spaced not more than five feet apart. Regardless of which type of buffer used, it shall be at least ten feet in width and eight feet in height immediately after planting. The Planning Board may permit a solid fence to be installed, if the design is approved by the Administrator. Also, the Planning Board may require a larger BUFFER STRIP where it is necessary for the benefit of the community and/or adjoining residents.
   BUILDING SETBACK LINE. A line establishing the minimum allowable distance between the nearest portion of any building and the street right-of-way line or any other lot line as determined by the town zoning regulations.
   DEDICATION. A gift, by the owner, or 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.
   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.
   LOT OF RECORD. A lot which is part of a subdivision, a plat of which has been recorded in the office of the Register of Deeds of the county 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
      (1)   CORNER LOT. A lot which occupies the interior angle at the intersection of two street lines which make an angle of more than 45 degrees and less than 135 degrees with each other. The street line forming the least frontage shall be deemed the front of the lot except where the two street lines are equal, in which case the owner shall be required to specify which is the front when requesting a building permit.
      (2)   INTERIOR LOT. A lot other than a corner lot with only one frontage at street.
      (3)   LOT, REVERSE FRONTAGE. A lot, which is not accessible from one of the parallel or nonintersecting streets upon which it fronts.
      (4)   LOT, THROUGH (DOUBLE-FRONTAGE). A lot which fronts upon two parallel streets, or which fronts upon two streets, which do not intersect at the boundaries of the lot.
   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, and meeting the requirements of G.S. § 47.30, as amended.
   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. A roadway providing access to three or more lots, building sites or other divisions of land, and not to be dedicated to the public. PRIVATE STREETS shall be so designated on the final plat of a subdivision. A written disclosure statement is required in accordance with G.S. § 136-102.6.
   PUBLIC SEWAGE DISPOSAL SYSTEM. A system serving two or more dwelling units and approved by the County Health Department or the State Department of Natural Resources and Community Development, Division of Environmental Management.
   PUBLIC WATER SYSTEM.
      (1)   A system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such terms include:
         (a)   Any collection, treatment, storage and distribution facility under control of the operator of such system and used primarily in connection with such system; and
         (b)   Any collection or pretreatment storage facility not under such control, which is used primarily in connection with such system.
      (2)   A PUBLIC WATER SYSTEM is either a community water system or a non-community water system.
         (a)   COMMUNITY WATER SYSTEM. A public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
         (b)   NON-COMMUNITY WATER SYSTEM. A public water system, which is not a community water system.
      (3)   Approval by the Sanitary Engineering Division, Division of Health Services, Department of Human Resources, is required for all public water systems.
   RECREATION AREA OR PARK. An area of land or combination of land and water resources that is developed for active and/or passive recreation pursuits with various human-made features that accommodate such activities.
   RESERVE STRIP. A strip of land (usually only a foot or two wide) owned privately, and set aside around a subdivision in order to prevent access to adjacent property by way of subdivision streets.
   RURAL ROADS.
      (1)   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 intra-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 through movement.
      (4)   MINOR COLLECTOR. A road, which provides services to small local communities and links 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 designed as principal arterials.
   SPECIAL TYPES OF RURAL ROADS.
      (1)   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.
      (2)   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.
   SUBDIVIDER. Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.
(Ord. passed 1-4-2000)
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