<div class="chunk-title">Sec. 4.2 - Subdivision classifications.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Subdivision</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               A subdivision 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 includes all divisions of land involving the dedication
               of a new street or a change in existing streets. See Major and Minor Subdivisions
               below.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Major Subdivision.</span>
               </p>
            		
            <p class="incr1">
               1)
               </p>
            		
            <p class="content2">
               A major subdivision Level 1 represents the division of property into more than eight
               lots but less than 100 lots, or more than eight dwelling units. The map for the major
               subdivision Level 1 shall include the design, improvements, as well as the existing
               conditions in and around, the location, subdivision name, acreage, owner and more
               as detailed in the Section 3.7.16.
               </p>
            		
            <p class="incr1">
               2)
               </p>
            		
            <p class="content2">
               A Major Subdivision Level 2 represents the division of property into 100 or more lots.
               The map for the major subdivision Level 2 shall include the design, improvements,
               as well as the existing conditions in and around the location, subdivision name, acreage,
               owner and more as detailed in Section 3.7.16
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Minor Subdivision.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               A minor subdivision refers to the creation of less than eight lots or buildings with:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Adequate access to an existing state-maintained road or non-state-maintained road
               which is constructed to minimum state standards as verified by the state department
               of transportation; and
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               No new public or community wastewater is proposed.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               There shall be no requirement to establish a property owners' association for a minor
               subdivision unless required by law; however, adequate provisions shall be made for
               the maintenance and repair of roads and other community facilities and property, if
               any.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               When subdividing a single lot into two lots, the Planning Director may provide exceptions
               in accordance with Section 3.7.1, Administrative Adjustment, from one or more of such
               standards where strict compliance would constitute a practical difficulty or unnecessary
               hardship, and where such exception would not contravene the general intent and purpose
               of this section or be a detriment to the public safety and welfare.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Family Subdivision.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Family subdivisions shall comply with the standards of general applicability contained
               in subsection 4.1 (d) above, except as provided herein.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               The standards relating to easements contained in <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIVSU_S4.6EA" class="section-link" data-product-id="14666">Section 4.6</a>, preservation of water areas contained in <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIVSU_S4.10PRSTCOMEWAAR" class="section-link" data-product-id="14666">Section 4.10</a>, and public access contained in Section 4.3.5 (g) shall not apply to family subdivisions.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               The standards relating to stormwater drainage contained in <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIVSU_S4.4STDRST" class="section-link" data-product-id="14666">Section 4.4</a> shall not apply to family subdivisions provided such subdivision shall comply with
               the provisions of the County sediment control provisions, if applicable, and provided
               further that such subdivisions shall comply with the provisions of Section 3.7.8 if
               land-disturbing activities equal or exceed one acre.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               Family subdivisions shall comply with the standards relating to roads contained in
               Section 4.3.5 with one exception: access to the state highway system may be by means
               of a minimum 14-foot roadway if compliance with the private roadway standards is unfeasible
               and a hardship.
               </p>
            		
            <p class="incr1">
               (v)
               </p>
            		
            <p class="content2">
               There shall be no requirement to establish a property owners' association for a family
               subdivision unless regulated by other law; however, adequate provisions shall be made
               for the maintenance and repair of roads and other community facilities and property,
               if any.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Estate Lot Subdivision.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Estate lot subdivisions may be developed as an alternative to the open space requirements
               as established by <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIVSU_S4.3SUDE" class="section-link" data-product-id="14666">Section 4.3</a> In addition to other applicable standards of this UDO and other applicable regulations,
               estate lot subdivisions shall comply with the standards contained in this section.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Minimum lot size. Each lot within an estate lot subdivision shall contain at least
               three acres of land area.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Maximum disturbed area. No more than 33 percent of the area of a lot within an estate
               lot subdivision may be permanently cleared of natural vegetation or otherwise disturbed.
               A greater area may be cleared of natural vegetation provided that any portion greater
               than 33 percent of the lot area is revegetated in accordance with a landscape plan
               approved by the Director. Vegetation shall not be removed from those areas identified
               in <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIVSU_S4.9COMAGU" class="section-link" data-product-id="14666">Section 4.9</a> (e) (i) unless approved by the Planning Board.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Maximum impervious surface. No more than 15 percent of the area of a lot within an
               estate lot subdivision may be covered with impervious surfaces.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               Protection of primary conservation areas. Optimal open space areas, as specified in
               <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIVSU_S4.9COMAGU" class="section-link" data-product-id="14666">Section 4.9</a> (e) (i) shall be protected in accordance with the standards of this section with
               the exception that such areas need not be included within the open space of the subdivision
               and may be included within the boundaries of an estate lot.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               Plats and restrictive covenants. The plat of an estate lot subdivision shall bear
               a notation concerning the maximum disturbed area, the maximum impervious surface and
               the protection of primary conservation areas, and restrictive covenants so limiting
               the use and/or development of any such lot shall be recorded in the County office
               of the Register of Deeds. The restrictive covenants shall be reviewed and approved
               by the Planning Board prior to recordation.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Cluster Development.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Cluster development is allowed in all districts and watershed areas with exception
               to WS-I watershed areas under the following conditions:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Minimum lot sizes are not applicable to single-family cluster development projects.
               Density limits shall not exceed the most restrictive limits found in Section 5.7.2
               (b) (vii) (Mountain and Hillside Development), Section 5.4.4 (a) (ii) (Watershed Areas),
               and Article IX (Regulated Districts).
               </p>
            		
            <p class="b2">
               <div style="float:right">
				
               <a href="https://mcclibrary.blob.core.usgovcloudapi.net/codecontent/14666/425389/4.1.png" target="_blank" data-image-filename="4.1.png"><img id="img_9" src="https://mcclibrary.blob.core.usgovcloudapi.net/codecontent/14666/425389/4.1.png" alt="4.1" width="336" height="240" data-image-filename="4.1.png"></a>
               </div>
				
               
               
               <p class="incr2">
                  2)
                  </p>
               		
               <p class="content3">
                  All built-upon area shall be designed and located to minimize stormwater runoff impact
                  to the receiving waters and minimize concentrated stormwater flow. See also Section
                  4.3.4 for open space requirements and design for cluster developments.
                  </p>
               		
               
               <p class="incr2">
                  3)
                  </p>
               		
               <p class="content3">
                  The remainder of the tract shall remain in a vegetated or natural state. The title
                  to the open space area shall be conveyed to a property owner's association for management;
                  to a local government for preservation as a park or open space; or to a conservation
                  organization for preservation in a permanent easement. Where a property owner's association
                  is not incorporated, a maintenance agreement shall be filed with the property deeds
                  and a copy submitted to the division of environmental management.
                  </p>
               		
               
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Conservation Design.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               <span class="ital">Purpose and Requirements</span>. The requirements in this section are intended to provide for a major subdivision
               design that is better suited to the natural features of the land or would blend into
               the character of a rural area. See also Section 4.3.3 Conservation Subdivision Open
               Space.
               </p>
            		
            <p class="b1">
               <div style="float:right">
				
               <a href="https://mcclibrary.blob.core.usgovcloudapi.net/codecontent/14666/425389/4.2.png" target="_blank" data-image-filename="4.2.png"><img id="img_10" src="https://mcclibrary.blob.core.usgovcloudapi.net/codecontent/14666/425389/4.2.png" alt="4.2" width="336" height="228" data-image-filename="4.2.png"></a>
               </div>
				
               
               
               <p class="incr1">
                  (ii)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Protect Assets</span>. It is required that part of the subdivision site which is not devoted to lots and
                  associated roads and utilities be set aside as usable open space. Conservation subdivisions
                  shall be designed with development areas situated on those parts of the subdivision
                  site best suited to accommodate development with the least adverse impact. Conservation
                  design allows smaller and less costly networks of roads and utilities, encourages
                  closer-knit and potentially safer neighborhoods, preserves sensitive farmland, woodlands,
                  scenic views and open space, and reduces the amount of impervious surface and resulting
                  stormwater runoff. The open space provided by conservation design can be used to provide
                  recreational opportunities for the subdivision's residents or employees, to conserve
                  and protect significant natural areas and environmentally sensitive areas, to conserve
                  important historic resources, and/or to conserve productive farming and forestry uses.
                  </p>
               		
               
               <p class="incr1">
                  (iii)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Required Open Space</span>. Land within the subdivision site that is not contained in lots or in rights-of-way
                  or parcels devoted to accommodating necessary roads and utilities shall be in one
                  or more connected parcels dedicated or reserved as permanent open space. Lands identified
                  as optimal conservation areas pursuant to Section 4.3.2 (e) shall be deemed permanent
                  open space in accordance with this section. When optimal conservation areas do not
                  equal or exceed 20 percent of the land area of the subdivision, additional open space
                  shall be designated so that at least 20 percent of the area of the subdivision is
                  made permanent open space.
                  </p>
               		
               
               <p class="incr1">
                  (iv)
                  </p>
               		
               <p class="content2">
                  Subdivisions within the Cashiers Commercial Area intended for commercial uses shall
                  be exempt from the open space requirement contained herein but shall comply with the
                  requirements for preservation of water areas contained in <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIVSU_S4.10PRSTCOMEWAAR" class="section-link" data-product-id="14666">Section 4.10</a>.
                  </p>
               		
               
            <p class="historynote0">
               (Ord. No. O2019-01(5), 11-2-2021; Amend. of 3-1-2022, Att.)
               </p></div>