The purpose of this article is to provide for the orderly growth and development of the county; for coordination of transportation networks and utilities within proposed subdivisions with existing or planned streets and highways and with other public facilities; and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding and will create conditions that substantially promote public health, safety, and the general welfare.

(Ord. of 7-12-1999, § 10.010; Amend. of 4-19-2021(2), § 1)

(a)

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 are created for the purpose of sale or building development (whether immediate or future) and includes all division of land involving the dedication of a new street or change in existing streets; however, the following is not included within this definition and is not subject to any regulations enacted pursuant to G.S. 160D-802:

(1)

The combination or recombination of portions of previously subdivided and recorded lots 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.

(2)

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

(3)

The public acquisition by purchase of strips of land for widening or opening streets or for public transportation system corridors.

(4)

The division of a tract in single ownership the entire area of which is no greater than two acres into not more than three lots, if no street right-of-way dedication is involved and if the resultant lots are equal to or exceed the standards of the county as shown by its subdivision regulations.

(5)

The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. ch. 29.

(6)

Gravesites. The division of land for use as gravesites, but this does not exclude the entire cemetery property from subdivision platting requirements.

(7)

Boundary surveys. Surveys of existing parcels of land where no new survey lines are drawn.

(8)

Leases. Leases may be platted and recorded as exceptions provided all information is shown on the plat as required by local and state law and it is noted on the plat that the leased property is not approved as a subdivision of land or for transfer of ownership. No new tax parcel shall be created for leased property.

(9)

Nondevelopmental easements. Easements created for purposes other than active residential or industrial/commercial use such as small substations and telephone exchange pads. (Not included in this exception are water tanks, communication towers, large substation and telephone facilities.) Linear easements for access or utilities that are nonhabitable shall be a minimum of 18 feet in width. The purpose of such easements shall be stated on the survey plat, and accesses created to those lots may not be suitable for subsequent subdivision purposes.

(b)

A county may provide for expedited review of specified classes of subdivisions.

(c)

The county may require only a plat for recordation for the division of a tract or parcel of land in single ownership if all of the following criteria are met:

(1)

The tract or parcel to be divided is not exempted under subdivision (2) of subsection (a) of this section.

(2)

No part of the tract or parcel to be divided has been divided under this subsection in the ten years prior to division.

(3)

The entire area of the tract or parcel to be divided is greater than five acres.

(4)

After division, no more than three lots result from the division.

(5)

After division, all resultant lots comply with the following:

a.

Any lot dimension size requirements of the applicable land-use regulations, if any.

b.

The use of the lots is in conformity with applicable zoning requirements, if any.

c.

A permanent means of ingress and egress is recorded for each lot.

(d)

All exceptions as defined in this section shall be required to comply with G.S. 46-30 in describing the type of platting taking place. Exceptions shall also list, as shall all major and minor subdivisions, the approximate acreage of any remaining property from which the division of land is taking place. In addition, although exceptions as described in this section are not required to be signed by the land development administrator, it shall be expected that if they are signed by the administrator, via a certificate of exception, then they should be promptly recorded with the county register of deeds by the landowner or his agent.

(e)

Plats deemed an exception to the provisions of this chapter may be recorded provided the owner desiring to record such plats shall place the following certificate upon the plat prior to recordation:

I hereby certify that the property shown and described on this subdivision plat for recordation, qualifies as an exception to the provisions of the Subdivision Regulations of Granville County, North Carolina, under this section titled:

(Ord. of 7-12-1999, § 10.020; Amend. (1) of 7-10-2006, §§ 1, 2; Ord. of 6-17-2019(3); Amend. of 4-19-2021(2), § 1)

State Law reference— Authority to regulate subdivisions, G.S. 153A-330 et seq.

The review of subdivisions shall follow the standards of this article and article XI. The planning board may impose conditions on the design to meet the standards of this chapter and good design. The developer shall have the sole responsibility of complying with conditions imposed by the county for design, dedication, improvement and restrictive use of the property in question.

(Ord. of 7-12-1999, § 10.030)

There are three principal types of subdivisions: major, minor and family. A family subdivision, which is a subdivision with no road improvements that is limited to family members, is processed as a minor subdivision. Different procedures and standards apply generally to major and minor subdivisions. The number of lots specified in this division shall include all lots in the subdivision, whether they are new, existing or a combination. The number of lots applies whether it is a new street or an existing street. Major subdivisions must submit preliminary and final plans and are encouraged to submit a sketch plan. Minor subdivisions may go straight from sketch to final plan. All major subdivisions must build roads to public or private road standards. Family subdivisions are permitted lower standard roads.

(Ord. of 7-12-1999, § 10.100)

(a)

A major subdivision is a subdivision of land that is not a minor subdivision meeting the standards in section 32-603 or an exception as defined in section 32-582. Major subdivisions shall be developed in conformance with division 3 of this article. A minimum of ten percent of a major subdivision shall be reserved for active recreation. Land within the subdivision site not contained in lots, streets, or utility easements, shall be in one or more parcels dedicated or reserved as permanent open space for active recreational uses. Open space dedication or reservation and maintenance shall be the same as found in section 32-602(b)(6) and (7).

(b)

A cluster subdivision is an allowable major subdivision design in rural areas of the county.

(1)

Purpose. Clustering of residential lots is intended to encourage subdivision design that is more efficient and better suited to the natural features of the land than a conventional subdivision, by regulating lots based on lot density standards rather than minimum lot size standards and by requiring that part of the subdivision not devoted to lots and roads be set aside as usable open space. This allows smaller lots to be concentrated on those parts of the subdivision best suited to accommodate development with the least adverse impact. Clustering also allows smaller and less costly network of roads and utilities and reduces the amount of impervious surface and stormwater runoff. The open space provided by clustering can be used to provide recreational opportunities for the subdivision's residents, to conserve and protect significant natural areas and environmentally sensitive areas, and to preserve important historic resources.

In WS II watersheds, state rules will not allow lots less than 40,000 square feet in area when septic tanks are used.

(2)

Clustering of lots shall not be allowed on any tract of land less than ten acres in size.

(3)

Maximum number of lots (lot density). Clustering shall not increase the density of development.

The maximum number of lots allowed within a cluster subdivision shall be equal to the site's total land area (acreage), less the street rights-of-way, divided by the minimum lot size of the non-clustered subdivision. The density for WS II critical watershed is .50 dwellings per acre per state law.

(4)

Lot design standards. Each lot shall be regularly shaped and meet the following dimensional standards:

a.

Minimum lot size shall be 40,000 square feet.

b.

Minimum lot width shall be 85 feet.

c.

Minimum setbacks shall be 50 feet street yard, 15 feet side yard and 25 feet rear yard.

(5)

Open space.

a.

Required open space. Land within the subdivision site not contained in lots, streets, or utility easements, shall be in one or more parcels dedicated or reserved as permanent open space. The total area of parcels dedicated or reserved as permanent open space shall make up at least 30 percent of the subdivision (with a minimum of ten percent of the subdivision used for active recreation).

b.

Open space use, location, and design.

1.

Open space shall be dedicated or reserved for one or more of the following uses:

Conservation of any identifiable natural hazard areas, such as floodways or wetlands;

Conservation and protection of identified significant natural areas, such as rare plant communities, important wildlife habitat, or other environmentally sensitive areas where development might threaten water quality of ecosystems;

Conservation and protection of any identifiable important historic resources;

Provision of active and/or passive outdoor recreation opportunities, either for the general public or for the subdivision residents:

Retention of productive farmland or forestland for continued agricultural and/or forestry use; or

Establish a conservation reservation on the remainder of the tract.

2.

Highest priority for the location, design, and use of open space (not including the required minimum ten percent used for active recreation) shall be given to conserving, and avoiding development in, any natural hazard areas on the site.

3.

Open space shall contain such buildings, structures, accessways, and parking facilities as are necessary to its principal uses.

4.

The location, size, character, and shape of the required open space shall be appropriate to its intended use; active recreation shall be located and designed so its users can easily access it.

(6)

Open space dedication or reservation.

a.

Land within the subdivision site not contained in lots, streets, or utility easements, shall be in one or more contiguous parcels dedicated or reserved as permanent open space. The title to the open space shall be conveyed to a property owners' association, homeowners' association, or other legal entity (public agency or nonprofit organization) that is capable of and willing to accept responsibility for managing the open space for its intended purpose.

b.

Each dedicated or reserved open space parcel shall be shown on all subdivision plans and on record plat recorded with the county register of deeds, with a notation of its area and its intended open space use.

(7)

Maintenance of open space. The owner of the open space shall be responsible for maintaining the open space so that is continues to effectively function for its intended use and any dedication or conveyance of an open space parcel shall provide for such responsibility.

(Ord. of 7-12-1999, § 10.110; Ord. of 4-3-2000, § 13; Amend. (1) of 4-2-2007, § 1; Ord. of 6-17-2019(1); Amend. of 6-6-2022(1), § 2; Amend. of 12-5-2022(1), § 1; Amend. of 11-20-2023(1), § 1)

A minor subdivision is a subdivision consisting of nine or fewer lots, including any residual tract, that meets the following:

(1)

All lots shall front or abut an existing state department of transportation state-maintained road or an existing dedicated public road.

(2)

No new road right-of-way or easement is created or the reservation of a future road (public or private) between lots is proposed.

(3)

No existing private road or easement is used or extended to provide access from a state department of transportation state-maintained road to any lot in the subdivision.

(4)

No proposed or required extension of public or community water or sewer is involved to service the subdivision or any lot within the subdivision.

(5)

Any subdivision involving a road (public or private) or public or community water or sewer shall be considered a major subdivision.

(Ord. of 7-12-1999, § 10.120)

(a)

The intent of the family subdivision option is to provide a means for a family to provide up to five lots for family members. In order to maintain the lowest cost for this purpose, dirt roads (section 32-674) are permitted. To prevent abuse, there is a penalty incurred for selling a lot to a nonfamily member. A family member shall be allowed one lot, one time under a family subdivision plat process; all further subdivision is prohibited under this section, and the subdivision is converted to a minor subdivision under section 32-603. Making road improvements to install a gravel road or public street is very costly and based on past experience unlikely to occur. Thus, a warning shall appear on all plats indicating that the access to a lot is a private road right-of-way with no means of enforcing the cost of maintenance. Eligibility for a family subdivision is as prescribed in subsection (b) of this section.

(b)

All lots must be transferred to a lineal family member. This shall include only direct lineal descendants (children, grandchildren, great-grandchildren), direct lineal ascendants (father, mother, grandfather, grandmother) and spouses. See appendixes 1 and 2 to this chapter for submission requirements.

(Ord. of 7-12-1999, § 10.130)

The purpose of a general subdivision review is to evaluate the design—more specifically, the manner in which uses, lots, drainage and roads relate to the site and adjoining land. The purpose is not to review or modify the proposed use or intensity; these shall be in accordance with the requirements of the district in which the development is proposed. The review of a subdivision plat or land development plan shall apply the following:

(1)

To ensure that new subdivision developments in the county will have a safe potable water supply and an adequate sewage disposal system.

(2)

To ensure proper design and adequate construction of roads, drainage facilities and utilities.

(3)

To assure quality in the design of land developments in the county and the equitable allocation of costs involved between those who shall benefit financially from the development and the taxpaying public as a whole.

(4)

To provide assurances to the county resident who purchases property within subdivisions that site improvements have been made in accordance with the requirements of this chapter, thereby protecting the long-term value of the property.

(5)

To prevent the pollution of air, streams and watersheds; to assure the adequacy of drainage facilities; to protect the water table; and to encourage the rational and efficient utilization and management of natural resources throughout the county in order to preserve the integrity, stability and beauty of the community and the value of the land.

(Ord. of 7-12-1999, § 10.210)

The following standards shall be applied to the design of blocks within subdivisions:

(1)

Intersecting streets shall be laid out at such intervals that block lengths are not more than 1,200 feet nor less than 400 feet.

(2)

Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth, except where otherwise required to separate residential development from through traffic or nonresidential uses.

(3)

Pedestrian ways or crosswalks, not less than ten feet in width, shall provide adequate pedestrian circulation or access to schools, shopping areas, churches, parks, playgrounds, transportation or other similar facilities.

(Ord. of 7-12-1999, § 10.220)

Lots shall be reviewed based on the following standards:

(1)

All lot sizes shall meet the standards of this chapter.

(2)

The shapes, size and locations of lots and lot lines shall be made with due regard to topographic conditions, contemplated uses and the surrounding area.

(3)

Land subject to flooding and land deemed by other regulatory agencies to be uninhabitable for other specific reasons shall not be platted for residential occupancy or for any uses where flooding may increase danger to health, life or property, or aggravate the flood hazard. Land may be set aside for such uses as will not be endangered by periodic or occasional inundation. See article V of this chapter for specific environmental standards.

(4)

Every proposed lot of record shall front or abut on a publicly or privately dedicated street, road, right-of-way or easement.

(5)

Corner lots for residential use shall have an additional 20 feet of road frontage, exclusive of all vehicular rights-of-way, to permit adequate building setback from side streets.

(6)

Double-frontage lots shall be avoided, except where required to separate residential development from through traffic. The developer shall be encouraged to provide uniform rear yard fences or other treatment in such cases to avoid a patchwork of fences or other structures near the road.

(7)

Side lot lines shall be substantially at right angles or radial to street lines. Side lot lines are permitted to deviate a maximum of ten degrees off of 90 degrees, in either direction. Side lot lines shall extend a minimum distance of 150 feet from the front line to the rear line of a lot.

(8)

Lots abutting a state, U.S., or Interstate designated highway route shall have frontage along the highway of at least 250 feet; or the subdivision shall be designed so that lots abutting the major highway have access by way of an interior road or an access road which serves more than two lots.

(9)

All major subdivisions shall be encouraged to reserve sign easement areas at each entranceway to the subdivision. Subdivision identification signs shall be encouraged to be located in these areas before public or private road approval. The sign easement areas and signs shall not be located within any road right-of-way.

(Ord. of 7-12-1999, § 10.230; Amend. of 10-5-2009, § 1)