A. Purpose and Intent. The purpose for this exempt subdivision procedure is to establish a clear and predictable procedure for a landowner to determine and document that a proposed division of land is exempted from the subdivision requirements of this Ordinance in accordance with Section 160D-802 of the North Carolina General Statutes. Exempt subdivision reviews are provided as a courtesy, and may not be mandated by the Town.
B. Applicability.
1. The following forms of land division are exempt subdivisions that are exempted from the subdivision requirements of this Ordinance (but remain subject to other applicable provisions of this Ordinance, such as flood hazard reduction requirements):
a. A combination or recombination of portions of previously subdivided and recorded lots that does not increase the total number of lots, and the resultant lots are equal to or exceed the standards of this Ordinance;
b. The division of land into parcels, each greater than ten acres in area, where no street right-of-way dedication is involved;
c. Public acquisition involving the purchase of strips of land for the widening or opening of streets;
d. Division of a tract of land in single ownership, where the total area of all land in the land division is no greater than two acres, the division creates no more than three lots, where no street right-of-way dedication is involved, and the resultant lots are equal to or exceed the standards of this Ordinance; or
e. The division of a tract into parcels in accordance with the terms of a probated will or in accordance with Chapter 29 of the North Carolina General Statutes.
2. Divisions of land that are not consistent with these criteria shall not be considered exempt subdivisions, and shall be subject to the applicable review procedure and subdivision requirements of this Ordinance.
C. Exempt Subdivision Courtesy Review Procedure. The exempt subdivision courtesy review procedure is described in Figure 2.2.9, Exempt Subdivision Courtesy Review Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
D. Certification by Planning Director. The certification of an exempt subdivision shall be made by the Planning Director in accordance with the standards in Section 2.2.9.E, Exempt Subdivision Review Standards.
E. Exempt Subdivision Review Standards. A division of land shall be certified as an exempt subdivision if it:
1. Is excluded from the definition of a subdivision in accordance with Section 160D-802 of the North Carolina General Statutes;
2. Complies with all applicable standards in Article 3: Districts;
3. Complies with all standards or conditions of any applicable permits and development approvals; and
4. Complies with all other applicable requirements in the Town Code of Ordinances.
F. Recordation. If an exempt subdivision plat or other document is prepared by the applicant, it shall be certified by the Planning Director. An exempt subdivision plat may be recorded in the office of the Wake County Register of Deeds, by a landowner at the landowner's discretion.
G. Effect.
1. A division of land determined to be an exempt subdivision shall be exempted from the subdivision standards of this Ordinance, but development of land within an exempt subdivision shall remain subject to the requirements of the Wake County Environmental Services Department.
2. In the event a division of land does not qualify as an exempt subdivision, it shall be reviewed in accordance with the applicable subdivision procedure and shall be subject to all applicable subdivision standards in this Ordinance.
3. Divisions of land determined to be exempt subdivisions shall not be further divided into more than one additional lot (plus the residual parcel) within five years from the date of the exempt subdivision determination, or the subdivision shall be processed as a expedited subdivision or preliminary plat, as appropriate.
H. Amendment. An exempt subdivision certification shall not be amended.
I. Expiration. An exempt subdivision certification shall not expire.
J. Appeal. Appeal of exempt subdivision certification shall be reviewed and decided by the BOA in the nature of certiorari and in accordance with Section 2.2.3, Appeal.
(Ord. 2020-36, passed 12-2-2019 ; Ord. 2021-65, passed 5-3-2021)