<div class="chunk-title">Sec. 70-5. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               The following words, terms and phrases, when used in this chapter, shall have the
               meanings ascribed to them in this section, except where the context clearly indicates
               a different meaning:
               </p>
            <p class="p0">
               <span class="ital">Common open space</span> means land within or related to a development, not individually owned or dedicated
               for public use, that is designated and intended for the common use of the residents
               of the development and their guests and that may include complementary structures
               and improvements.
               </p>
            <p class="p0">
               <span class="ital">Communal infrastructure</span> means infrastructure that is common to the development including, but not limited
               to, roadways, shared drives, sidewalks, public utilities, and stormwater controls.
               Recreational facilities shall not be considered communal infrastructure.
               </p>
            <p class="p0">
               <span class="ital">Develop</span> means to convert land to a new purpose so as to use its resources, or to use the
               land for residential, commercial, or industrial purposes, including, but not limited
               to, any manmade change to improved or unimproved real estate.
               </p>
            <p class="p0">
               <span class="ital">Developer</span> means any person, firm, corporation, or duly authorized agent who develops land.
               </p>
            <p class="p0">
               <span class="ital">Easement</span> means a grant by the property owner for the use by the public, a corporation, or
               person of a strip of land for specified reasons.
               </p>
            <p class="p0">
               <span class="ital">Family subdivision</span> means a proposed subdivision of five or fewer lots which will result after the subdivision
               is complete and resulting lots are to be conveyed to a linear relative within the
               second degree of kinship or closer or for private development or sale. Family subdivisions
               shall contain no more than three lots for private development or sale. No more than
               one lot shall be conveyed to each individual relative. Lots within a family subdivision
               may not be further subdivided for three years after the date of the recordation of
               the final plat creating said subdivision. Any further subdivision that occurs within
               three years from the date of the recordation shall be considered a minor subdivision.
               </p>
            <p class="p0">
               <span class="ital">Final plat</span> means a complete and exact plan of a development or subdivision prepared for final
               official review which, if approved, will be submitted to the county register of deeds
               for recording.
               </p>
            <p class="p0">
               <span class="ital">Floodway</span> means the channel of a river or other watercourse and the adjacent land areas which
               must be reserved in order to discharge the base flood (100-year flood) without cumulatively
               increasing the water surface elevation more than one foot.
               </p>
            <p class="p0">
               <span class="ital">Global stability</span> means a geotechnical analysis of characteristics within a reinforced soil mass evaluating
               potential slip surfaces or failure planes that can go behind or through the reinforced
               soil mass. The analysis takes into consideration the following factors: 1) the overall
               geometry of the structural system installed including, but not limited to, foundation
               and retaining walls, footings, etc., and the slopes above and below the system, 2)
               loading or surcharge conditions (e.g., 250 pounds per square foot (3.65 kPa) for highway
               loading); any superimposed load shall be considered surcharge, 3) soil parameters
               (shear strength and unit weight of the soil) determined by the laboratory tests of
               the soil conducted as part of a geotechnical survey or assessment or as determined
               by a licensed geotechnical engineer, and 4) subsurface and surface water conditions
               (groundwater can have a negative effect on slope stability).
               </p>
            <p class="p0">
               <span class="ital">Impervious surface</span> means any surface that, in whole or in part, restricts or prevents the natural absorption
               of water into the ground. Such surfaces may include, but are not limited to, gravel,
               concrete, asphalt or other paving material, and all areas covered by the footprint
               of buildings or structures.
               </p>
            <p class="p0">
               <span class="ital">Land disturbing activity</span> means any use of, or operations on, the land by any person in residential, industrial,
               educational, institutional, or commercial development, highway and road construction
               and maintenance that results in a change in the natural cover or topography and that
               may cause or contribute to sedimentation.
               </p>
            <p class="p0">
               <span class="ital">Lot</span> means a portion of a subdivision or any other portion of a parcel and/or tract of
               land intended as a unit for transfer of ownership for development, or both. Lot size
               shall be calculated based on that portion of the lot to be under control of and deeded
               to the property owner, exclusive of road rights-of-way. Common open spaces, public
               safety tower lots, cemetery lots, lots for infrastructure, and lots for utilities
               shall not be subject to minimum lot size, and shall not be counted towards the number
               of lots in a family, minor, major, or special subdivision. A subdivision consisting
               entirely of the exceptions listed above shall be considered a special subdivision.
               </p>
            <p class="p0">
               <span class="ital">Lot of record</span> means a lot which has not been recombined or merged that is a part of a subdivision,
               a plat of which has been recorded in the office of the county register of deeds prior
               to 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 unless the lot
               has been recombined or merged thereafter.
               </p>
            <p class="p0">
               <span class="ital">Major subdivision</span> means a proposed subdivision where 11 or more lots will result after the subdivision
               is complete.
               </p>
            <p class="p0">
               <span class="ital">Minor subdivision</span> means a proposed subdivision of land where four to ten lots will result after the
               subdivision is complete. One phase of a development cannot be considered a minor subdivision
               unless the entire development does not exceed ten lots.
               </p>
            <p class="p0">
               <span class="ital">Parcel</span> and/or <span class="ital">tract</span> means the entire site to be developed, and includes, but is not limited to, all lots
               adjacent to each other and held under common ownership and the total acreage intended
               for development, including but not limited to easements, rights-of-way, areas of future
               development, and communal infrastructure. The parcel and/or tract shall include parcels
               that are part of a larger common plan of development or sale, even though multiple,
               separate or distinct entities own the parcel and/or tract.
               </p>
            <p class="p0">
               <span class="ital">Plat</span> means and includes the terms: map, plan, or replat; and also means a map or plan
               of a parcel of land which is to be or which has been developed or subdivided.
               </p>
            <p class="p0">
               <span class="ital">Preliminary plat</span> means a proposed development or subdivision plan prepared for review and consideration
               prior to preparation of a final plat.
               </p>
            <p class="p0">
               <span class="ital">Road</span> means a dedicated public or designated private right-of-way for vehicular traffic.
               
               <p class="b1">
                  <span class="ital">Access road</span> means a roadway for vehicular traffic from a DOT road to property being divided,
                  when such roadway traverses property not owned or controlled by the subdivider.
                  </p>
               
               <p class="b1">
                  <span class="ital">Cul-de-sac</span> means local roads with one end open for vehicular access and the other end terminating
                  in a vehicular turnaround. The length of the cul-de-sac road shall be measured along
                  the centerline from its intersection with the centerline of the road from which it
                  runs to the center of the cul-de-sac turnaround.
                  </p>
               
               <p class="b1">
                  <span class="ital">Service alley</span> means a minor street which generally is parallel to and adjacent to arterial streets,
                  and which provides access to abutting properties and protection from through traffic.
                  </p>
               
            <p class="p0">
               <span class="ital">Rock cliff</span> means a naturally occurring vertical, near vertical, or overhanging rock exposure
               at least 25 feet in height.
               </p>
            <p class="p0">
               <span class="ital">Shared private driveway</span> means a shared right-of-way or easement for access to no more than two lots in either
               a minor or a major subdivision. A shared driveway in either a minor or major subdivision
               shall conform to the standards set forth in<a href="" data-chunk-id="COOR_CH70SU_ARTIIIST_S70-67RODEST" class="section-link" data-product-id="12776"> section 70-67</a>(3)(c) and (d).
               </p>
            <p class="p0">
               <span class="ital">Site plan</span> means a graphic layout showing the location of all improvements and land-disturbing
               activities proposed as part of the subdivision of land.
               </p>
            <p class="p0">
               <span class="ital">Special subdivision</span> means a proposed subdivision where three or fewer lots will result after the subdivision
               is complete. Lots within a special subdivision may not be further subdivided for three
               years after the date of the recordation of the final plat creating said subdivision.
               Any further subdivision that creates more than three lots total and occurs within
               three years from the date of the recordation shall be considered a minor subdivision.
               </p>
            <p class="p0">
               <span class="ital">Subdivider</span> means any person who subdivides or develops any land deemed to be a subdivision.
               </p>
            <p class="p0">
               <span class="ital">Subdivision</span> means all divisions of a tract or parcel of land into two or more lots, building
               sites, or other divisions when any one or more of those divisions are created 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 are not included within this definition and are not
               subject to any regulations enacted pursuant to this part:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  The combination or recombination of portions of previously subdivided and recorded
                  lots if the total number of lots is not increased and the resultant lots are equal
                  to or exceed the standards of the county as shown in its subdivision regulations;
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  The division of land into parcels greater than ten acres if no street right-of-way
                  dedication is involved and all lots within said subdivision are greater than ten acres.
                  No land that is subdivided into exempt lots greater than ten acres shall be further
                  divided into lots less than ten acres until all subdivision requirements of this article
                  are met;
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  The public acquisition by purchase of strips of land for widening or opening streets
                  or for public transportation system corridors;
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  The division of a tract in single ownership the entire area of which is no greater
                  than two acres into not more than three lots, if no street right-of-way dedication
                  is involved and if the resultant lots are equal to or exceed the standards of the
                  county as shown by its subdivision regulations;
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  The division of a tract into parcels in accordance with the terms of a probated will
                  or in accordance with intestate succession under Chapter 29 of the North Carolina
                  General Statutes; and
                  </p>
               		
               
               <p class="incr1">
                  (6)
                  </p>
               		
               <p class="content2">
                  The division of a tract or a parcel of land in single ownership that meets the standards
                  listed below:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  A plat shall be recorded that meets the standards of the North Carolina General Statutes
                  and other applicable county standards.
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  The division shall not be a portion of an exempt subdivision of lots of ten acres
                  or greater.
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  No part of the tract or parcel to be divided has been divided under this exemption
                  in the ten years prior to the proposed division.
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  The entire area of the tract or parcel to be divided is greater than five acres.
                  </p>
               		
               <p class="incr2">
                  e.
                  </p>
               		
               <p class="content3">
                  After division, no more than three lots result from the division.
                  </p>
               		
               <p class="incr2">
                  f.
                  </p>
               		
               <p class="content3">
                  After division, all resultant lots comply with all of the following:
                  </p>
               		
               <p class="incr3">
                  1.
                  </p>
               		
               <p class="content4">
                  Any lot dimension size requirements of the applicable land-use regulations, if any.
                  </p>
               		
               <p class="incr3">
                  2.
                  </p>
               		
               <p class="content4">
                  The use of the lots is in conformity with the applicable zoning requirements, if any.
                  </p>
               		
               <p class="incr3">
                  3.
                  </p>
               		
               <p class="content4">
                  A permanent means of ingress and egress is recorded for each lot.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Surface water</span> means a water feature that is shown on either the most recent version of the soil
               survey map prepared by the Natural Resources Conservation Service of the U.S. Department
               of Agriculture or the most recent version of the quadrangle topographic maps prepared
               by the USGS.
               </p>
            <p class="p0">
               <span class="ital">Wetlands</span> means "waters" as defined by G.S. 143-212(6) and are areas that are inundated or
               saturated by an accumulation of surface or groundwater at a frequency and duration
               sufficient to support, and that under normal circumstances do support, a prevalence
               of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
               include swamps, marshes, bogs and similar areas. Wetlands classified as waters of
               the state are restricted to waters of the United States as defined by 33 CFR 328.3
               and 40 CFR 230.3.
               </p>
            <p class="historynote0">
               (Ord. No. 10-10-05, Â§ 1, 10-5-10;
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="816841">
                  Ord. No. 17-01-10
                  </a>
               , Â§ 1, 1-17-17;
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="1063690">
                  Ord. No. 17-09-08
                  </a>
               , Â§ 1, 9-5-17;
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="1055926">
                  Ord. No. 19-10-05
                  </a>
               , Â§ 1, 10-15-19;
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="1118554">
                  Ord. No. 21-05-06
                  </a>
               , Â§ 1(Exh. A), 5-4-21)
               </p></div>