§ 38-1. Definitions.

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:

Building setback line means the required minimum distance between any building and the adjacent right-of-way.

Collector street means a street which serves or is designed to serve as a trafficway for a neighborhood or as a feeder to a major street from local access streets.

Corner lot means a lot abutting upon two streets at their intersection.

Dedication means a gift to the general public or a municipality, by the owner, of the right to use land for stated purposes. Since a transfer of property is involved, a dedication must be made by written instrument.

Easement means a grant by the property owner for use, by the public, a corporation or person, of a strip of land for specified purposes.

Environmental street means a local access street intended to serve primarily as a direct access to residentially zoned properties in environmentally sensitive areas with a projected low traffic count, on which through traffic is discouraged and which is designed to serve no more than 50 dwelling units. An environmental street shall be a cul-de-sac, a loop street less than 2,000 feet in length, or a street that does not connect with more than one major street, unless otherwise required by this article. An environmental street is only allowed within 100 feet of estuarine waters or within a maritime forest. A street location within an environmentally sensitive area may be selected only if no other feasible location exists within the proposed development.

Final plat means a drawing, in final form, showing a proposed subdivision, containing all information or detail required by law and by this chapter and which complies with G.S. 39-32.1, 39-32.2 and 47-30, to be presented to the planning board for approval, and which, if approved, may be duly filed or recorded by the applicant in the office of the register of deeds of the county.

Improvements. All changes or additions made on or to the land, excluding buildings and structures and including, but not limited to:

(1)

Street and roads and related curbing;

(2)

Sidewalks;

(3)

Storm drains and mains;

(4)

Water lines, water mains and fire hydrants;

(5)

Sewer lines and sewer mains;

(6)

Any sewerage treatment facility of any kind except one-family or two-family residence septic tanks;

(7)

Surface and subsurface electric and telephone and cable television lines and conduits;

(8)

Recreational facilities, except recreational facilities intended for use by an individual for his own private purposes which include, but are not limited to:

a.

Playgrounds;

b.

Parks;

c.

Marinas;

d.

Beaches and swimming pools;

e.

Golf courses;

(9)

Street lighting and related electric wires;

(10)

Natural gas lines;

(11)

Parking lots.

Local access street means a street intended to serve primarily as a direct access to the abutting properties, and on which through traffic is discouraged.

Lot means a portion of a subdivision or any other parcel of land which is subject to this chapter, intended as a unit for transfer of ownership, for development or for both. The term "lot" includes the terms "plot," "parcel" or "tract."

Major street means a street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities or other heavy traffic generating areas. Specifically, the term includes any state-maintained highway.

Major subdivision means any subdivision not classified as a minor subdivision including, but not limited to, subdivisions of five or more lots, or any size subdivision requiring any new street or extension of municipal facilities.

Marginal access street means a local access street which parallels and is immediately adjacent to a major street or highway and which provides access to the properties abutting it and separates the abutting properties from the major street or highway right-of-way.

Marshlands means those lands, bordering on bodies of water, which are periodically subject to overflow by such bodies of water, and which lands are usually soft and wet and covered with "marsh grass," even though at times they may be solid, dry and firm.

Minor subdivision means any subdivision containing not more than four lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities, not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the master plan, official map, zoning chapter or this chapter.

Mobile home means, for purposes of this chapter, the same definition as is found in section 24-1.

Mobile home subdivision means a subdivision designed solely for mobile home location.

Planning board means the planning board of the town.

Preliminary plat means a drawing clearly marked "preliminary plat" showing the features of a proposed subdivision as specified in section 38-65, submitted to the planning board for the purpose of consideration prior to submission of the plat in final form, and in sufficient detail to clearly illustrate the layout of the proposed subdivision.

Preliminary sketch means a sketch of a proposed subdivision, showing the information specified in section 38-61, which is to enable the subdivider to reach a general understanding as to the form of the layout and objectives of this chapter.

Reservation means a reservation of land which does not involve any transfer of property rights. It simply involves a retention of property rights by the subdivider.

Street means street, road, avenue, lane or other trafficway between right-of-way lines.

Subdivider means any person who shall lay out any subdivision or part thereof, as defined in this section, either for himself or others.

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 shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations of this chapter:

(1)

The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the municipality as shown in this chapter.

(2)

The division of land into parcels greater than ten acres where no street right-of-way dedication is involved.

(3)

The public acquisition by purchase of strips of land for the widening or opening of streets.

(4)

The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the municipality as shown in this chapter.

Surveyor means a person licensed as a land surveyor by the state.

(Code 1990, § 18-1)

Cross reference

Definitions generally, § 1-2.