<div class="chunk-title">Section 501. - Types of subdivisions defined.</div>
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            <p class="p0">
               <span class="ital">Family subdivision.</span>
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  A subdivision where lots are intended to be conveyed to or developed for building
                  purposes by members of the lineal family. Lineal family shall include only direct
                  lineal descendants (children, grandchildren, great-grandchildren), direct lineal ascendants
                  (father, mother, grandfather, grandmother), siblings, and spouses. Lots can be conveyed
                  as a gift, as settlement of the property owner's estate or for a nominal consideration.
                  In determining the number of lots created, the following criteria are hereby established:
                  </p>
               		
               <p class="incr2">
                  (a)
                  </p>
               		
               <p class="content3">
                  The residual tract where a residential structure is located will not be considered
                  a new building; and
                  </p>
               		
               <p class="incr2">
                  (b)
                  </p>
               		
               <p class="content3">
                  Only lots that must use the legal right-of-way for direct access will be considered
                  new building lots.
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  "Family subdivisions" are classified as the following:
                  </p>
               		
               <p class="incr2">
                  (a)
                  </p>
               		
               <p class="content3">
                  <span class="ital">Estate settlement.</span> The conveyance of a lot or tract for the purpose of dividing lands among the tenants
                  in common all of whom by intestacy or by will, inherited the land from a common ancestor.
                  </p>
               		
               <p class="incr2">
                  (b)
                  </p>
               		
               <p class="content3">
                  <span class="ital">Level 1 family subdivision.</span> The creation of not more than two building lots after the effective date of this
                  revised chapter [appendix] for members of the lineal family.
                  </p>
               		
               <p class="incr2">
                  (c)
                  </p>
               		
               <p class="content3">
                  <span class="ital">Level 2 family subdivision.</span> The creation of more than two building lots but less than six building lots after
                  the effective date of this revised chapter [appendix] for members of the lineal family.
                  </p>
               		
               <p class="incr2">
                  (d)
                  </p>
               		
               <p class="content3">
                  <span class="ital">Level 3 family subdivision.</span> The creation of more than five building lots after the effective date of this revised
                  chapter [appendix] for members of the lineal family.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Major subdivision.</span> A major subdivision is defined as a non-family subdivision where:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  New roads are proposed, road rights-of-way are dedicated; or
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Additional right-of-way is dedicated as required in this chapter [appendix].
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Minor subdivision.</span> A minor subdivision is defined as non-family subdivision where:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Lots are created that front along an existing state-maintained road; or
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Lots are created that front along a minimum 45-foot dedicated right-of-way that was
                  platted and recorded prior to September 30, 1975 or private a road that meets the
                  current minimum standards of NCDOT.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Subdivision.</span>
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Includes all divisions of a tract or parcel of land into two or more lots, building
                  sites or other divisions for the purpose of sale or building development (whether
                  immediate or future) and shall include all divisions of land involving the dedication
                  of a new street or a change in existing streets; provided that the following shall
                  not be included within this definition nor be subject to the regulations authorized
                  by this chapter [appendix]:
                  </p>
               		
               <p class="incr2">
                  (a)
                  </p>
               		
               <p class="content3">
                  The combination or recombination of portions of previously platted 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 in this chapter [appendix];
                  </p>
               		
               <p class="incr2">
                  (b)
                  </p>
               		
               <p class="content3">
                  The division of land into parcels greater than ten acres where no street right-of-way
                  dedication is involved;
                  </p>
               		
               <p class="incr2">
                  (c)
                  </p>
               		
               <p class="content3">
                  The public acquisition by purchase of strips of land for widening or opening of streets;
                  </p>
               		
               <p class="incr2">
                  (d)
                  </p>
               		
               <p class="content3">
                  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 where the resultant lots are equal to or exceed the standards of the
                  county, as shown in this chapter [appendix].
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  In interpretation of divisions (b) and (d) above, the phrase "where no street right-of-way
                  dedication is involved" shall mean that any such parcel shall be served by an existing
                  legal right-of-way. A legal right-of-way can be any easement, state-maintained road,
                  dedicated right-of-way, or prescriptive easement provided the individual submits satisfactory
                  evidence of the easement. A prescriptive easement is a right to use another's property
                  which is not inconsistent with the owner's rights and which is acquired by a use,
                  open and notorious, adverse and continuous for the statutory period. To a certain
                  extent, it resembles title by adverse possession but differs to the extent that the
                  adverse user acquires only an easement and not title.
                  </p>
               		
               
            <p class="historynote0">
               (Amend. of 9-8-98)
               </p></div>