GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 337
AN ACT RELATING TO THE DEFINITION OF SUBDIVISION IN MONTGOMERY COUNTY.
The General Assembly of North Carolina enacts:
Section 1. G.S. 153A-335 reads as rewritten:
"§ 153A-335. 'Subdivision' defined.
For purposes of this Part, 'subdivision' means 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 division of land involving the dedication of a new
street or a change in existing streets; however, the following is not included
within this definition and is not subject to any regulations enacted pursuant
to this Part: Part, provided that the grantor of any land who by deed
subdivides the land other than by recorded subdivision plat shall include in
the deed a statement as to why the subdivision is exempt from these regulations
by reference to one or more of the following subsections:
(1) The combination or
recombination of portions of previously subdivided and recorded lots if 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 its subdivision regulations;
regulations and the combination or recombination does not change or
alter the location of a public or private road as shown on a plat previously
recorded in the county registry of deed;
(2) The division
of land into parcels greater than 10 acres if no street right-of-way dedication
is involved;
(3) The public
acquisition by purchase of strips of and for widening or opening streets; and
(4) 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.
(2) The public acquisition by purchase of strips of land for widening or opening of streets;
(3) The conveyance of a lot or tract for the purpose of dividing lands among the tenants in common, all of whom inherited by intestacy or by will, the land from a common ancestor;
(4) The division of land by any method of transfer among members of a lineal family, which shall include direct lineal descendants (children, grandchildren, great-grandchildren) and direct lineal ascendants (father, mother, grandfather, grandmother) and brothers, sisters, nieces, and nephews;
(5) The division of land pursuant to an order of the General Court of Justice;
(6) The division of land for cemetery lots or burial plots;
(7) The conveyance of a tract or parcel of land of at least 20,000 square feet exclusive of State right-of-way for a road with at least 100 feet frontage upon a State-maintained road, as well as a driveway permit previously issued by the Department of Transportation along the 100 foot frontage and a means of sewage disposal by a previously issued permit from the Division of Environmental Management of the county health department;
(8) The division of land into parcels of five acres or more where the grantor records a road right-of-way agreement prior to or simultaneously with the recording of the deed, which said agreement provides for access to the parcel by a right-of-way of at least 45 feet in width and contains an agreement for construction and maintenance of the road; and
(9) The division of land into parcels where 10 or fewer lots result after the subdivision is completed and each lot in the subdivision is at least one acre in size. The intent of the exemption provided by this subsection is to provide for special situations in the rural area of the county in accordance with standards and procedures as set forth in the county subdivision ordinance."
Sec. 2. This act applies to Montgomery County only.
Sec. 3. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 28th day of June, 1995.