§ 50-71. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Block means a piece of land bounded on one or more sides by streets or roads.

Block length means the total distance measured along front property lines between intersecting streets.

Building setback line means a line parallel to the front property line in front of which no structure shall be erected. Setbacks shall be figured from the right-of-way line.

Dedication means a gift by the owner or a right to use of land for a specified purpose. Because a transfer of property rights is entailed, dedication must be made by written instrument and is completed with an acceptance.

Easement means a grant by the property owner of a strip of land for a specified purpose and use by the public, a corporation, or persons.

Half street means a street the centerline of which coincides with a subdivision plat boundary, with half the street right-of-way width being contained within the subdivision plat. Also, any existing street to which the parcel of land to be subdivided abuts on only one side.

Lot means a single contiguous parcel of land in identical ownership throughout, bounded by other lots or streets and used or set aside and available for use as the site of one or more buildings or other purpose as permitted. A lot shall be of legal record and described on a recorded plat or recorded instrument containing a metes and bounds description.

Lot of record means a lot which is part of a subdivision, a plat of which has been recorded in the office of register of deeds of the county prior to September 21, 1995, or a lot described by metes and bounds, the description of which has been so recorded prior to September 21, 1995. Lot types are as follows:

(1)

Corner lot means a lot located at the intersection of two or more streets. A lot abutting on a curved 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.

(2)

Double-frontage lot means a continuous (through) lot which is accessible from both streets upon which it fronts.

(3)

Interior lot means a lot other than a corner lot with only one frontage on more than one street.

(4)

Reversed-frontage lot means a lot on which the frontage is at right angles or approximately right angles (interior angles less than 135 degrees) to the general pattern in the area. A reversed-frontage lot may also be a corner lot, an interior lot or a through lot.

(5)

Single-tier lot 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.

(6)

Through lot means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double-frontage lots.

Official maps or plans means any maps or plans officially adopted by the town council.

Open space means an area (land and/or water) generally lacking in manmade structures and reserved for enjoyment in its unaltered state.

Plat means a map or plan of a parcel of land which is to be or has been subdivided.

Private driveway means a roadway serving two or fewer lots, building sites or other divisions of land and not intended to be public ingress or egress.

Private street means an undedicated private right-of-way which affords access to abutting properties and requires a subdivision streets disclosure statement in accordance with G.S. 136-102.6.

Public or community sewer system means an approved sewage disposal system serving two or more connections, including private, municipal and sanitary district sewer systems designated to serve particular subdivisions at full development and constructed to specifications of the county health office in consultation with the division of health services and/or the division of environmental management of the department of environment, health and natural resources.

Public water system means an approved water supply system serving 15 or more connections, including county, municipal and sanitary district water systems designed to serve particular subdivisions at full development and constructed to specifications of the county health office in consultation with the division of health services, department of environment, health and natural resources.

Reservation means an obligation to keep property free from development for a stated period of time. A reservation of land does not involve any transfer of property rights.

Septic tank system means a ground absorption sewage treatment and disposal system consisting of a septic tank and a nitrification field, necessary pipelines, conduits, pump stations, and other appurtenances required for proper collection, distribution, treatment, disposal, operation and performance, or any other system approved by the health department.

Street means a dedicated and accepted public right-of-way for vehicular traffic (or a private road only if permitted by this article). The following classifications shall apply:

(1)

Urban streets include the following:

a.

Local street is any link not part of a higher order urban system which serves primarily to provide direct access to abutting land and access to higher systems.

b.

Major thoroughfares consist of interstate, other freeway and expressway links, and major streets that provide for the expeditious movement of volumes of traffic within and through urban areas.

c.

Minor thoroughfares are important streets in the urban system and perform the function of collecting traffic from local access streets and carrying it to the major thoroughfare system by facilitating a minor through traffic movement and may also connect to abutting property.

(2)

Specific type rural or urban streets :

a.

Freeway, expressway and parkway mean a divided multilane roadway designed to carry large volumes of traffic at relatively high speeds. A freeway is a divided highway providing for continuous flow of vehicles with no direct access to abutting property or streets and with access to selected crossroads provided via connecting ramps. An expressway is a divided highway with full or partial control of access and generally with grade separations at major intersections. A parkway is a highway for noncommercial traffic, with full or partial control of access, and usually located within a park or a ribbon of park-like development.

b.

Residential collector street 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.

c.

Local residential street means a cul-de-sac, loop street less than 2,500 feet in length, or street less than one mile in length that does not connect thoroughfares or serve major traffic generators, and does not collect traffic from more than 100 dwelling units.

d.

Cul-de-sac means a short street having but one end open to traffic and the other end being permanently terminated and a vehicular turnaround provided.

e.

Frontage road 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.

f.

Alley means a strip of land, owned publicly or privately, set aside primarily for vehicular service access to the back or side of properties otherwise abutting on a street.

Subdivider means any person who subdivides or develops any land deemed to be a subdivision.

Subdivision, for the purposes of this article, means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions is created 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 authorized by this article:

(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 its subdivision regulations.

(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 or for public transportation system corridors.

(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 its subdivision regulations.

Those divisions or combinations of land meeting the criteria listed subsections (1)—(4) above will bear the certificate below on the recorded final plat.

Certificate of Approval for Recording

I hereby certify that this plat has been reviewed and approved for recording in the Office of the Register of Deed of Brunswick County and found to meet one of the criteria of exemptions as listed in Section 22-89 of the Subdivision Regulations of Town of Leland, North Carolina or is otherwise not subject to such Subdivision Regulations. All other requirements of the Town of Leland's ordinances still apply.

/s/         Subdivision Administrator       Town of Leland

The town may provide for expedited review of specified classes of subdivisions.

Townhouse development means a subdivision containing only townhouses as defined in section 66-4 of this Code.

(Code 2003, § 22-89; Ord. No. 04-19, § 1(exh. A), 5-20-2004; Ord. No. 06-08, § 16, 3-16-2006; Ord. No. 13-13, § 1, 6-20-2013; Ord. No. 15-15 , § 1, 1-21-2016; Ord. No. O17-005 , § 1, 4-20-2017; Ord. No. O17-009 , § 1, 6-22-2017; Ord. No. O18-007 , § 1, 4-19-2018; Ord. No. O18-024 , § 1, 8-23-2018)