§ 22-9. "Family subdivision" defined.  


Latest version.
  • (a)

    Purpose. Minimum access standards for new lots are one of several primary objectives of this ordinance. To achieve this, all lots subdivided after the effective date of this ordinance are required to have frontage on either an existing or proposed road meeting the right of way and construction standards established by NCDOT. However, county recognizes a residential lot created for conveyance to an immediate family member, where access is provided by a private road, is a reasonable alternative to requiring the construction of a new public road.

    (b)

    Intent. Family subdivision lots are typically conveyed as gift deeds or for nominal consideration in circumstances where the existing parcel does not contain the required road frontage to qualify as a minor subdivision and would otherwise be required to construct a new public road for access. The standards set forth in this ordinance for family subdivisions are designed to promote:

    (1)

    The transfer of ownership of the newly subdivided lots to immediate family members;

    (2)

    Compliance with all other applicable ordinance standards related to dimensional and design criteria; and

    (3)

    Recognition that necessary maintenance associated with private roads is coordinated among family members.

    (c)

    Definition. A family subdivision is defined as a subdivision of not more than three (3) lots plus the residual lot conveyed by the property owner to members of his / her immediate family as defined in this ordinance. A family member may only receive one (1) lot under this provision.

(Ord. of 2-1-99(2); Amend. of 11-2-09; Amend. of 9-6-16)