North Carolina § 160D-802 - Applicability.

§ 160D-802. Applicability.

For the purpose of this Article, subdivision regulations shall be applicable to 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: 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 local government as shown in its subdivision regulations. The division of land into parcels greater than 10 acres where no street right-of-way dedication is involved. The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors. The division of a tract in single ownership whose entire area is no greater than 2 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 local government, as shown in its subdivision regulations. The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the General Statutes. A local government may provide for expedited review of specified classes of subdivisions. A local government 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: The tract or parcel to be divided is not exempted under subdivision (2) of subsection (a) of this section. No part of the tract or parcel to be divided has been divided under this subsection in the 10 years prior to division. The entire area of the tract or parcel to be divided is greater than 5 acres. After division, no more than three lots result from the division. After division, all resultant lots comply with all of the following: All lot dimension size requirements of the applicable land-use regulations, if any. The use of the lots is in conformity with the applicable zoning requirements, if any. A permanent means of ingress and egress is recorded for each lot. History (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) Editor's Note. - Session Laws 2020-3, s. 5, is a severability clause. Session Laws 2020-25, s. 51(b), provides: "Part II of S.L. 2019-111 [which enacted this Chapter] is effective when this act becomes law [June 19, 2020]. Part II of S.L. 2019-111 clarifies and restates the intent of law existing on the effective date of this act [June 19, 2020] and applies to ordinances adopted before, on, and after that date. Valid local government development regulations that are in effect at the time of the effective date of Part II of S.L. 2019-111 remain in effect but local governments shall amend those regulations to conform to the provisions of Part II of S.L. 2019-111 on or before July 1, 2021. Part II of S.L. 2019-111 applies to local government development regulation decisions made on or after the earlier of: "(1) The effective date of the amendments to local development regulations made to conform to the provisions of Part II of S.L. 2019-111 or "(2) July 1, 2021."