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Agenda 5-d - Unified Development Ordinance (UDO) Amendments – Subdivisions
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Agenda 5-d - Unified Development Ordinance (UDO) Amendments – Subdivisions
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6/5/2018
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Agenda
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5-d
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Agenda - 06-05-2018 Regular Board Meeting
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<br />Page 10 Session Law 2017-10 Senate Bill 131 <br />(a) For purposes of this Part, "subdivision" means all divisions of a tract or parcel of <br />land into two or more lots, building sites, or other divisions when any one or more of those <br />divisions are created for the purpose of sale or building development (whether immediate or <br />future) and includes all division of land involving the dedication of a new street or a change in <br />existing streets; however, the following is not included within this definition and is not subject <br />to any regulations enacted pursuant to this Part: <br />(1) The combination or recombination of portions of previously subdivided and <br />recorded lots if the total number of lots is not increased and the resultant lots <br />are equal to or exceed the standards of the county as shown in its subdivision <br />regulations. <br />(2) The division of land into parcels greater than 10 acres if no street <br />right-of-way dedication is involved. <br />(3) The public acquisition by purchase of strips of land for widening or opening <br />streets or for public transportation system corridors. <br />(4) The division of a tract in single ownership the entire area of which is no <br />greater than two acres into not more than three lots, if no street right-of-way <br />dedication is involved and if the resultant lots are equal to or exceed the <br />standards of the county as shown by its subdivision regulations. <br />(5) The division of a tract into parcels in accordance with the terms of a <br />probated will or in accordance with intestate succession under Chapter 29 of <br />the General Statutes. <br />(b) A county may provide for expedited review of specified classes of subdivisions. <br />(c) The county may require only a plat for recordation for the division of a tract or <br />parcel of land in single ownership if all of the following criteria are met: <br />(1) The tract or parcel to be divided is not exempted under subdivision (2) of <br />subsection (a) of this section. <br />(2) No part of the tract or parcel to be divided has been divided under this <br />subsection in the 10 years prior to division. <br />(3) The entire area of the tract or parcel to be divided is greater than five acres. <br />(4) After division, no more than three lots result from the division. <br />(5) After division, all resultant lots comply with all of the following: <br />a. Any lot dimension size requirements of the applicable land-use <br />regulations, if any. <br />b. The use of the lots is in conformity with the applicable zoning <br />requirements, if any. <br />c. A permanent means of ingress and egress is recorded for each lot." <br />SECTION 2.5.(b) G.S. 160A-376 reads as rewritten: <br />"§ 160A-376. Definition. <br />(a) For the purpose of this Part, "subdivision" means all divisions of a tract or parcel of <br />land into two or more lots, building sites, or other divisions when any one or more of those <br />divisions is created for the purpose of sale or building development (whether immediate or <br />future) and shall include all divisions of land involving the dedication of a new street or a <br />change in existing streets; but the following shall not be included within this definition nor be <br />subject to the regulations authorized by this Part: <br />(1) The combination or recombination of portions of previously subdivided and <br />recorded lots where the total number of lots is not increased and the resultant <br />lots are equal to or exceed the standards of the municipality as shown in its <br />subdivision regulations. <br />(2) The division of land into parcels greater than 10 acres where no street <br />right-of-way dedication is involved. <br />10
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