§ 46-9. 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:
Administrator, subdivision, means the person designated by the town council to administer this chapter and to undertake other duties as called for in this chapter.
Block means a piece of land bounded by streets or roads.
Conservation easement means a right conveyed by deed or other appropriate recorded instrument which gives the grantee a nonpossessory interest in the real property of the grantor, and which perpetually and permanently restricts the use of the real property to the uses set forth in section 58-58(4)g.
Conservation land means that portion of a tract that is set aside for permanent and perpetual protection as required by section 58-58(4)d.
(1)
Primary conservation land means that portion of a tract that consists of viewsheds, floodplains, wetlands, lakes, ponds and hydric soils.
(2)
Secondary conservation land shall include that portion of a tract that consists of forestland, farmland, historic sites, steep slopes, rock formations, and land adjacent to parks.
Conservation organization means a nonprofit corporation or trust, or any private corporation or business entity authorized to do business in the state, intended to exist indefinitely, and whose ongoing purpose includes the following:
(1)
The permanent and perpetual preservation of land areas for outdoor recreation by, or for the education of, the general public;
(2)
The permanent and perpetual protection of the natural habitat of fish, wildlife, or plants, or similar ecosystem; or
(3)
The permanent and perpetual preservation of open space (including farmland and forestland) where such preservation is for the scenic enjoyment of the general public, or pursuant to a clearly delineated federal, state or local governmental conservation policy, and that will yield a significant public benefit.
Corral means the primary enclosure for confining livestock. A corral is not a structure as defined by this chapter.
Cul-de-sac means a short street having only one end open to traffic and the other end being permanently terminated and a vehicular turnaround provided.
Dedication means a grant by the owner of a right to use land for a specified purpose or purposes. Because a transfer of property rights is entailed, dedication must be made by written instrument, and is completed with an acceptance, both in a form acceptable for recording.
Deeds office means office of the county register of deeds or of the Mecklenburg County register of deeds.
Developable lot means, for the purposes of developing a yield plan for a conservation subdivision, an undeveloped lot that could be developed into a residential lot within a conventional subdivision in accordance with chapter 58 and this chapter without any variances at a cost not exceeding the market value of said lot upon recording of the final subdivision plat and without removing or eliminating protected conservation lands, protected open space, floodplains, wetlands, lakes, ponds, protected historic features, protected viewsheds, or public rights-of-way. For the purpose of this definition, the term "protected" means as required by federal, state, or local law, or private agreement.
Easement means the right to use a specified portion of a tract or tracts of land for a specified purpose. All easements must be in a form suitable for recording as part of a plat.
Easement lot means a lot having an area of a minimum of five acres created pursuant to section 46-76 and that is connected to a public road for access via a recorded easement. An easement lot may be a minimum of 80,000 square feet when created within a conservation easement of at least 25 acres that is dedicated to a conservation organization. The principal uses shall be limited to those uses (i.e., uses by right) that are permitted uses in the underlying zoning district.
Facilities, common, means those facilities within a conservation subdivision that are located on conservation land and are meant for the enjoyment and use of residents of that subdivision. The term "common facilities" includes, but is not limited to, ballfields, benches, playgrounds, trails, and paths.
Farmland means those areas that are used for the production and activities related or incidental to the production of crops, fruit, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural products having a domestic or foreign market.
Floodplain means any land area susceptible to being inundated by water from the base flood. As used in this chapter, the term refers to that area designated as subject to flooding from the base flood (or 100-year flood) on the Flood Boundary and Floodway Map prepared by the U.S. Department of Housing and Urban Development, dated July 18, 1983 (or latest revision thereof), a copy of which is on file at the zoning administrator's office.
Forestland means a biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater and includes areas that have at least 100 trees per acre with at least 50 percent of those trees having at least a two-inch or greater diameter at 4.5 feet above the ground.
Green, village, means a small, grassed, open area that is centrally located in the neighborhood in which it is located and contains no structures other than benches, pavilions, memorials, etc.
Historic site means one or more parcels, structures, or buildings that is either included on the state Register of Historic Properties or designated on the National Register of Historic Places, or authenticated as historic in a survey and report by a registered architect or architectural historian, which shall be submitted to and approved by the town.
Lake means any inland body of water that, in its natural state, has a surface area of two acres or greater, and any body of water artificially formed or increased that has a surface area of two acres or more.
LARTP (Local Area Regional Transportation Plan) means the plan developed in collaboration with and adopted by the Village of Marvin, the Town of Waxhaw, the Town of Weddington, and the Village of Wesley Chapel. The provisions of the plan are intended to ensure: (a) an integrated system of roads that provides safe and efficient traffic circulation; (b) the efficient movement of through traffic by providing an interconnected system of roads; (c) uncomplicated road layouts so that emergency service personnel, public service personnel and visitors can find their way to and from destinations; and (d) controlled access to thoroughfares.
Lot means a parcel or tract of land or a contiguous combination of several parcels of land in single ownership, and of sufficient area and dimension to comply with all minimum requirements for the uses permitted in the zoning district in which such lot is located.
Lot, building, means a lot within a residential subdivision that contains a principal residential dwelling.
Lot, corner, means a lot located at the intersection of two or more streets. A lot abutting on a curved street or street shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
Lot, double frontage, means any lot having access to two street rights-of-way.
Lot, interior, means a lot other than a corner lot with frontage on only one street.
Lot of record means a lot which is part of a subdivision, a plat of which has been recorded in the office of the county register of deeds or of the Mecklenburg County Register of Deeds prior to the adoption of the ordinance from which this article is derived, or a lot described by metes and bounds, the description of which has been so recorded prior to the date of adoption of the ordinance from which this chapter is derived and which is not in violation of the county subdivision regulations.
Lot, panhandle, means a lot which contains a narrow strip providing street access.
Lot, single-tier, means a lot which backs upon a limited access highway, a railroad, a physical barrier, or another type of land use and to which access from the rear is usually prohibited.
Official maps or plans means any maps or plans officially adopted by the town council.
Open space means a land area or water feature that conserves, enhances, or creates natural or scenic resources and wildlife habitat or that enhances or creates outdoor recreational opportunities. Open space may be dedicated for public use or held under private ownership. Open space may be active (e.g., soccer, baseball, or football fields, playgrounds, etc.) or passive (e.g., bicycle, walking, and jogging trails, etc.) recreation. All conservation land, as defined in subsection 58-58(4), is open space. However, all open space is not necessarily conservation land. As defined, open space may be land left in its natural state or grass and planted medians with trees in a residential, commercial or nonresidential development.
Park means a noncommercial not-for-profit recreational facility. Such facilities could include parks within subdivisions, neighborhood parks, community parks and/or regional parks. Improvements on parks may include passive (e.g., walking trails) and active (e.g., playgrounds, ballfields) facilities. Commercial amusement facilities (e.g., miniature golf, driving ranges, go-cart tracks, water slides, batting ranges, etc.) shall not be considered as being a park.
Plat means a map or plan of a parcel of land which is to be or has been subdivided.
Pond means any inland body of water that in its natural state has a surface area of at least 1,000 square feet but less than two acres, and any body of water artificially formed or increased that has a surface area of 1,000 square feet but less than two acres.
Preserve, habitat, means a wooded area of local or state significance that is maintained in a natural state for the preservation of animal and/or plant life.
Private driveway means a roadway serving two or fewer lots, building sites, or other division of land not intended to be public ingress or egress.
Public involvement meeting means a meeting open to the public facilitated by the subdivision applicant and the town planning staff in a forum intended to solicit public input.
Recreation area or park means an area of land or combination of land and water resources that is developed for active and/or passive recreation pursuits with various manmade features that accommodate such activities.
Reservation means a designation of land that does not involve any transfer of property rights, but constitutes an obligation to keep property free from developments for a stated period of time.
Road, frontage, means a local street or road that is parallel to a full or partial access controlled facility and functions to provide access to adjacent land.
Road, local residential, means culs-de-sac, loop streets less than 2,500 feet in length, or streets less than one mile in length that do not connect thoroughfares, serve major traffic generators, or collect traffic from more than 100 dwelling units.
Road, private, means an undedicated private right-of-way which affords access to abutting properties and requires a subdivision street's disclosure statement in accordance with G.S. 136-102.6.
Road, residential collector, means a local access street which serves as a connector street between local residential streets and the thoroughfare system. Residential collector streets typically collect traffic from 100 to 400 dwelling units.
Rock formation means a portion of bedrock or other stratum protruding through the soil level.
Sanitary sewer system means a complete system of sewage collection, treatment and disposal including approved privies, septic tank systems, connection to public or community sewage systems, or other such systems, approved by the appropriate state agency.
Sewage means the wastewater, and its contents from kitchen, bathroom, toilet, lavatory and laundry of any residence, business establishment, institution, or any public building.
Slope, steep, means an area having a slope greater than 15 percent.
Street means a dedicated and accepted public right-of-way for vehicular traffic, or a private road, when permitted by this chapter. The term "street" includes, but is not limited to, any road, freeway, highway, expressway or thoroughfare.
Street, collector, means streets which carry traffic from minor streets to the system of major streets.
Street, marginal access, means a minor street which is parallel to and adjacent to major streets and highways and which provides access to abutting properties and protection from through traffic.
Streets, minor (residential), means a street which is used primarily for access to the abutting properties.
Structure means any building, sign, wall, fence, or similar physical obstruction placed or erected on the property.
Structure setback line means a line establishing the minimum allowable distance between the nearest portion of any structure including porches and the nearest street right-of-way line when measured perpendicular thereto.
Subdivider means any person that subdivides or develops any land deemed to be a subdivision as herein defined.
Subdivision means a division of a tract or parcel of land into two or more lots, building sites, or the divisions, when any one or more of those divisions is created for the purpose of sale or for a 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; provided, however, that the following shall not be included within this definition or be subject to any regulations enacted pursuant to 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 town 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 town as shown in this chapter.
Subdivision, conservation, means a residential subdivision, six acres or greater, that is developed pursuant to section 58-58.
Subdivision, conventional, means a residential subdivision that is not a conservation subdivision.
Subdivision, major, means a subdivision where:
(1)
New rights-of-way or easements are dedicated except as provided in section 46-76;
(2)
New public or private streets or roads are proposed;
(3)
More than three new lots are created after the subdivision is completed;
(4)
Subdivision of easement lots recreated under section 46-76; or
(5)
Any subdivision classified as a conservation subdivision.
Subdivision, minor, means a subdivision where:
(1)
No public or private streets are proposed;
(2)
No rights-of-way are dedicated and no easements dedicated, except as provided in section 46-76; and
(3)
Three or fewer parcels result after the subdivision is completed, including any the subdivider owns, leases or holds any legal or equitable interest in and is adjacent to the property to be subdivided. For purposes of this section, property is deemed to be adjacent even if the property is separated by a street, easement or right-of-way.
Notwithstanding this provision, any subdivision that is classified as a conservation subdivision shall be considered a major subdivision and exempt from this provision. Additionally, the procedure for review of minor subdivisions may be used only once within any three-year period on any property less than 1,500 feet from the original property boundaries. The procedure for review of minor subdivisions may be used by anyone who owned, had an option on, or any legal or beneficial interest in the original subdivision at the time the original subdivision received preliminary or final plat approval.
Thoroughfare, major, means a major thoroughfare as designated by the Mecklenburg-Union Thoroughfare Plan or Local Area Regional Transportation Plan (LARTP) and adopted by the town, as amended from time to time. The term "major thoroughfare" includes any other routes as designated by the town.
Thoroughfare, minor, means a minor thoroughfare as designated by the Mecklenburg-Union Thoroughfare Plan or Local Area Regional Transportation Plan (LARTP) and adopted by the town, as amended from time to time. The term "minor thoroughfare" includes any other routes as designated by the town.
Town engineer means the consulting engineering firm chosen by the town to provide engineering services to the town.
Viewshed means a view through or along a road, or opening, including those along the boundaries of a stream, lake, or pond, which frames, highlights, or accentuates a prominent structure, scene or panorama.
Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
Yield plan means a plan that shows the number of developable lots in a proposed conservation subdivision if such subdivision were to be built as a conventional subdivision in an R-CD zoning district in the town.
(Ord. No. 04-09-13, §§ 110—113, 9-13-2004; Ord. No. O-2006-02, § 110, 2-13-2006; Ord. No. O-2006-17, 10-9-2006; Ord. No. O-2007-01, 1-8-2007; Ord. No. O-2011-01, 2-14-2011; Ord. No. O-2011-07, 4-11-2011)