GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 574
The General Assembly of North Carolina enacts:
Section 1. Chapter 930 of the 1987 Session Laws, as amended by Chapter 504 of the 1991 Session Laws, reads as rewritten:
"§ 153A-335. 'Subdivision' defined.
For purposes of this Part, 'subdivision' means all divisions
of a residentially zoned original parcel or lot of record existing as of
January 1, 1989, where 10 or more lots or parcels (not including residual land
of the original parcel or lot of record) have been or will be created.
Any subsequent conveyance of residentially zoned land from an original parcel
or lot of record effective January 1, 1989, by a recorded deed, whether
recorded prior to or subsequent to the ratification of this section, conveying
more than 10 acres of land shall also be deemed an original parcel or lot of
record as hereinbefore defined. tract or parcel of land into two or more
lots, building sites, or other divisions for the purpose, whether immediate or
future, of sale or building development, and shall include all divisions of
land involving the dedication of a new street or change in existing
streets. The following shall not be included within this definition
nor be subject to any regulations enacted pursuant to this Part:
(1) The combination or
recombination of portions of previously subdivided and recorded lots where 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; by the regulations prescribed by this act;
(2) The division of land
into parcels greater than 10 five acres where no street
right-of-way dedication is involved; the grantor or developer records a
right-of-way agreement prior to or simultaneously with the recording of the
deed, which said agreement provides for access to the parcel by right-of-way at
least 60 feet in width and contains an agreement for construction and
maintenance of the road;
(3) The public
acquisition by purchase of strips of land for widening or opening streets; and
(4) Divisions of any
land to be sold, leased or used for commercial or industrial purposes, which is
commercially or industrially zoned by the county zoning ordinance at the time
of division. The conveyance of a tract or parcel of land with a minimum
of 20,000 square feet exclusive of the State right-of-way for a road with at
least 100 feet frontage upon a State-maintained road;
(5) The division of land pursuant to an order of the General Court of Justice;
(6) The conveyance of a lot or tract for the purpose of dividing land among tenants in common, all of whom inherited, by intestacy or by will, the land from a common ancestor; and
(7) The division of a tract in single ownership whose entire area is no greater than two acres into no 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 county, as shown by the subdivision regulations contained in this act."
Sec. 2. This act applies to Stanly County only.
Sec. 3. This act is effective upon ratification and shall not have any effect on subdivisions submitted for approval to the Stanly County Planning Department prior to the effective date of this act.
In the General Assembly read three times and ratified this the 27th day of June, 1994.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives