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Article 10: Definitions <br /> Section 10.1: Definitions <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 10-39 <br /> <br />contained on multiple adjoining lots or tracts of land under common ownership or control which are <br />considered a single system per GS 130A-334(15) and subject to permitting pursuant to 15A NCAC <br />18A .1938(j). <br /> <br />For the purposes of this ordinance, the following terms utilitized in GS 130A-334(15) and subject to <br />permitting pursuant to 15A NCAC 18A .1938(j): <br /> <br />A. Building lot – the lot or parcel of land on which the design unit served by an off-site <br />system is located <br /> <br />B. Common area – property that is jointly owned and/or controlled by an Property Owners <br />Association or a corporation for the use and benefit of multiple parties specifically <br />for the purpose of wastewater system(s) components and access <br /> <br />C. Contact person(s) – the person or agent responsible for representing his/her company <br />(developer, engineer, installer/contractor, licensed soil scientist, system designer, <br />etc.) in activities related to the offsite system <br />D. "Design unit" means a discrete connection such as an individual dwelling unit, place of <br />business, or place of public assembly on which wastewater design daily flow <br />rates are based. <br /> <br />E. Easement – a property interest that allows the holder of the easement to use the <br />property that he or she does not own or possess. The easement is a legally <br />binding written instrument of title (a deed) which contains all applicable <br />provisions of 15A NCAC 18A .1938(j), and includes the following elements: <br /> <br />1. a competent grantor, <br />2. an existing grantee capable of taking title, <br />3. a granting or conveyance clause, <br />4. a legal description of the property, <br />5. the requisite execution and “seal” of the grantor, <br />6. satisfactory acknowledgement by a notary or authorized officer, and <br />7. delivery to and acceptance by the grantee. <br />Instrument(s) shall be recorded in the office of the Register of Deeds (County Registry) where the <br />land lies. If the land is located in more than one county, then the instrument shall <br />be recorded in each county where any portion of the land lies to be effective as to <br />the land in that county. <br /> <br />F. Encroachment agreement – a legal agreement for one or more supply lines to cross an <br />existing easement or right-of-way owned or controlled by another utility or <br />governmental entity (e.g., NCDOT, power company, gas company, railroad, etc.). <br />The instrument shall contain the following elements: <br /> <br />1. name of the entity that owns or controls the easement or right-of-way, <br />2. name of the party requesting the encroachment, <br />3. description of the requested encroachment, <br />4. an identifiable description of the easement or right-of-way being encroached <br />upon, including necessary plans or drawings, <br />5. specific conditions of the agreement per grantee’s encroachment policies, and <br />6. agreement date and signatures of authorized parties (attested, notarized, and/or <br />witnessed per grantee’s encroachment policies). <br /> <br />Instrument(s) shall be recorded in the office of the Register of Deeds (County Registry) where the <br />land lies. If the land is located in more than one county, then the instrument shall <br />be recorded in each county where any portion of the land lies to be effective as to <br />the land in that county. <br /> <br />G. "Facility" means one or more design units located on: <br />1. a single lot or tract of land; or <br /> 104