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§ 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)
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