(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A minor right-of-way privately or publicly owned, primarily for service access to the back or side of properties.
BUFFER STRIP. A solid fence or wall, or a planted strip at least five feet in width composed of deciduous and/or evergreen trees spaced not more than ten feet apart, and not less than one row of dense shrubs spaced not more than five feet apart, which shall be established maintained in perpetuity by the owner of the property whenever required under the terms and provisions of this chapter.
BUILDING SETBACK LINE. A line parallel to the front property line in front of which no structure shall be erected.
CORNER LOT. A lot, which abuts the right-of-way of two streets at their intersection.
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.
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 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 Register of Deeds of Warren County prior 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.
OFFICIAL MAPS. Any maps or plans officially adopted by the County Commissioners as a guide to the development of the county.
OPEN SPACE. An area (land and/or water) generally lacking in man-made structures and reserved for enjoyment in its unaltered state.
PLANNED UNIT DEVELOPMENT. The planned unit development of at least two acres designed to provide for developments incorporating a single type or a variety of residential, commercial, industrial, and related uses which are planned and developed as a unit. Such development may consist of individual lots or common building sites to affecting the long-term value of the entire development.
PLANNING BOARD. The Planning Board of Warren County.
PLAT. A map or plan of a parcel of land, which is to be or has been subdivided.
PRIVATE DRIVEWAY EASEMENT. A roadway serving three or fewer lots (50 feet wide), building sites or other division of land and not intended, for public ingress or egress.
PRIVATE STREET. An undedicated private right-of-way, which affords access to abutting properties and requires a subdivision streets disclosure statement 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 Division of the District Health Department and the North Carolina Department of Natural and Economic Resources.
PUBLIC WATER SUPPLY.
(a) 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 and average of at least 25 individuals daily at least 60 days out of the year. Such term includes:
1. Any collection, treatment, storage, and distribution facility under control of the operator of such system and use primarily in connection with such systems; and
2. Any collection of pre-treatment storage facility not under such control which is used primarily in connection with such systems.
(b) A PUBLIC WATER SYSTEM is either a "community water system" or a "non-community water system." A community water system means a public water system which serves at least 15 service connections or regularly serves at least 25 year-round residents. A non-community water system means a PUBLIC WATER SYSTEM that is not a community water system.
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 man-made features that accommodate such activities.
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 limited access highway, a railroad, a physical barrier, or another type of land use and which access from the rear is usually prohibited.
STREET. A dedicated and accepted public right-of-way for vehicular traffic. The following classification shall apply:
(a) RURAL ROADS.
1. LOCAL ROAD (LOCAL STREET). A road that serves primarily to provide access to adjacent land and for travel over relatively short distances.
2. MAJOR COLLECTOR. A road that serves major intra-county travel corridors and traffic generators and provides access to the arterial system.
3. MINOR ARTERIAL. A link in a network adjoining cities and larger towns and providing intrastate and undercount service at relatively high (55 mph) overall travel speeds with minimum interference through movement. This network would primarily serve traffic.
4. MINOR COLLECTOR. A road that 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 state-wide or interstate travel and existing solely to serve traffic. This network would consist of interstate routes and other routes designed as principal arterials.
(b) SPECIFIC TYPE RURAL OR URBAN STREET.
1. 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 road which serves traffic with full or partial control of access and generally with grade separations at intersections; however, infrequent at-grade crossing may be permitted.
2. 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.
3. FREEWAY (LIMITED ACCESS). A divided street or road which serves through traffic with full control of access and with grade separations at intersections.
4. FRONTAGE, ROAD (MARGINAL ACCESS). 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. A person, firm, or corporation who subdivides or develops any land deemed to be subdivision as herein defined.
SUBDIVISION. All divisions of a tract or parcel of land into two or more lots, building site, or other divisions for the purpose of sale, lease, or building development (whether immediate or future) and includes all divisions 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:
(a) Combination/recombination. 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 county as shown by the regulations prescribed by this chapter, shall be exempt.
(b) Divisions greater than ten acres. The division of land into parcels greater than ten acres where no street right-of-way dedication is involved shall be exempt.
(c) Public acquisitions/right-of-way. The public acquisition by purchase of strips of land for the widening or openings of street shall be exempt.
(d) Lots of record not platted. Lots of record which were recorded by a deed in the County Courthouse prior to the adoption of the subdivision ordinance may have a plat prepared and recorded.
(e) Cemetery lots. Individual cemetery plots may be platted and recorded that do not meet the minimum lot size requirement of the zoning district in which it exists; however, the cemetery shall comply with the applicable zoning district regulations.
(f) Utility easements/lease agreements. Utility easements shall be shown on subdivision plats as required by this chapter; however, utility easements and utility lease agreements for distribution boxes or structures shall be exempt from the subdivision regulations.
(g) Conservation easements. Conservation easements.
(h) Estate exclusion. A voluntary partition of land or subdivision of land made for dividing the estate of a decedent among his or her heirs, whether the decedent died testate or intestate. In the event of a transfer or division of an estate in which interior parcels do not abut a public road, each such parcel must have an approved access to a public road with a minimum of a 50-foot right-of-way.
TECHNICAL REVIEW COMMITTEE. A committee established to review minor subdivisions to insure compliance with standards established by this chapter. The TECHNICAL REVIEW COMMITTEE shall be composed of the following:
(a) Planning Director/Zoning Administrator;
(b) Environmental Health Specialist; and
(c) Public Works Director.
(B) Word interpretation. For the purpose of this chapter, certain words shall be interpreted as follows:
(1) Words used in the present tense include the future tense.
(2) Words used in the singular number include the plural, and words used in the plural number include the singular, unless the natural construction of the wording indicates otherwise.
(3) The word PERSON includes firm, association, corporation, trust and company, as well as an individual.
(4) The words USED FOR shall include the meaning DESIGNED FOR.
(5) The word STRUCTURE shall include the word BUILDING.
(6) The word LOT shall include the words PLOT, PARCEL, or TRACT.
(7) The word SHALL is always mandatory and not merely directory.
(Ord. passed 6-7-2021)